TALLAHASSEE — The Tampa prosecutor suspended from his job by Gov. Ron DeSantis — who remains locked in a legal battle with the governor — announced Tuesday he would ask voters to return him to his post.
Andrew Warren, a Democrat who was twice elected as Hillsborough County state attorney, said back in January he would not run for another term because there was a chance that DeSantis would suspend him again if he won. But two days after that announcement, a federal appeals court ruled against DeSantis, although the court did not reinstate Warren.
Warren on Tuesday called DeSantis’ suspension “illegal” and said that the current state attorney appointed to succeed him was picked for her “blind allegiance” to the governor.
“I’m running to keep our neighborhoods safe. I’m running to fight for victims and to make our criminal justice system better,” Warren said in a video posted on his social media accounts on Tuesday. “And I’m running to protect our values, for a woman’s right to choose, for a fair and just system, and above all for freedom and democracy.”
DeSantis suspended Warren in August 2022 and a year later suspended Orlando state attorney Monique Worrell, who is also a Democrat. Worrell, who has challenged her suspension in the courts, is also running for reelection.
In dismissing them, the governor contended that both prosecutors were ignoring the law and not following their duties. He frequently cited the suspensions during his unsuccessful presidential campaign as an example of him going after progressive prosecutors. DeSantis’ office did not immediately respond to a request for comment about Warren. Suzy Lopez, a Republican appointed by DeSantis to fill Warren’s role, has raised a little more than $288,000 so far for her bid for a full term.
Warren made his reelection announcement just days before official qualifying begins for state attorney and other judicial posts. But it also comes after abortion rights have skyrocketed as a campaign issue in Florida.
Earlier this month, the state Supreme Court allowed a citizen initiative guaranteeing abortion access to go to the November ballot. But at the same time, the court signed off on a decision that will lead to a new ban on abortions after six weeks of pregnancy.
One of the reasons Warren was suspended was because he signed a pledge in 2022 vowing not to enforce the state’s abortion laws, including a then-recently enacted ban on abortion after 15 weeks without exceptions for rape or incest. He also signed another pledge saying he would not prosecute anyone for providing gender-affirming care to transgender patients, even though at the time he signed the pledge there were no laws covering those procedures. Florida would later institute a ban for minors.
Warren challenged his suspension in federal court, arguing that DeSantis had violated his First Amendment rights. A federal judge ruled in early 2023 that while the governor’s actions were likely unconstitutional, he lacked the power to reinstate him.
Earlier this year, the 11th Circuit Court of Appeals threw out that decision and asked the trial judge to reevaluate the case. The appeals court said Warren’s statements were protected speech rather than official policies for which he could be removed. The panel asked U.S. District Judge Robert Hinkle in Tallahassee to decide solely whether policies establishing deferred prosecution for minor criminal cases were sufficient to remove Warren from office. The court also suggested that Hinkle could reinstate Warren.
In an email to POLITICO on Tuesday, Warren acknowledged the January ruling prompted him to rethink his decision about mounting a campaign this year.
“What changed is the appellate court decision that upheld the rule of law,” Warren said. “Affirming that the suspension was illegal and explaining that the lower court can reinstate me makes it clear that the governor is not above the law and that the will of the people matters.”
Nikki Fried, the chair of the Florida Democratic Party, said that the party “welcomed” his decision to run.
“That decision is now rightfully in the hands of voters, not Ron DeSantis,” Fried said in a statement. She added that Warren’s decision is “a reminder that in this critical election year, we have Democrats in the running who won’t back down from a fight.”
Evan Power, the chair of the Republican Party of Florida, criticized Warren and said it is “interesting that he is running to not do the job of state attorney again. The choice will be clear between someone who is committed to enforcing the law and one who wants to politicize the office.”
Florida’s Constitution gives the governor the power to suspend elected officials for various reasons, including neglect of duty and malfeasance or commission of a felony. Previous governors have primarily suspended local officials who have been arrested, but DeSantis embraced a wider use of the suspension powers before and during his run for higher office.
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