You've probably withheld plenty of likes from posts of mine that were good but not good enough in your eyes. You could give me a like on this one by way of recompense.
Hopefully this is the first step to purge Soros backed prosecutors...
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While he does technically have prosecutorial discretion (which makes him different than Kim Davis, a clerk who doesn’t), it’s a bad look to basically nullify the law.
I do wonder though who will be the next bogey man when Soros dies.
As a matter of efficiency, we ought to merge this thread with the one about sheriffs refusing to enforce guns laws, because surely there’s one on here right? Right?
Showdown Looms As Dem’s Gun Control Agenda Likely To Meet Stiff Opposition From Nation’s Sheriffs Who Say They Will Not Enforce Unconstitutional Laws
President Biden’s remarks last week on the three-year anniversary of the Parkland, Florida, shooting that saw a former student kill 17 students and wound another 17, was seen by gun rights advocates as the administration’s first salvo in what is expected to be a fierce and prolonged battle over Se..www.forbes.com
Davis sheriff’s deputies won’t enforce laws that infringe on gun rights
A new policy from the Davis County Sheriff will block officers from enforcing laws or executive orders that infringe on Second Amendment rights.www.sltrib.com
Virginia sheriff says he won’t enforce state’s proposed gun laws if they pass
In a viral video on Twitter, Grayson County Sheriff Richard Vaughan calls proposed legislation ‘unconstitutional.’www.tampabay.com
Do the constitutions of those states allow for the governor to remove them?
I don’t know about that. The point that went over your head was if there’s a principle to something it should be consistently applied.
Most cases settle, including criminal cases. Most counties and their prosecutors, especially the ones with big cities, simply don't have the time and resources to try every criminal case. If every case went to trial, the system would shut down. I have seen prosecutors like Mears in Indy state that he is focusing on violent crime and threats to public safety. Plus, prosecutors have discretion to file charges or not.
I think a prosecutor could argue that they don't have the time or resources to file charges on abortion cases, regardless of their position on abortion. Or, they could just remain silent, exercise discretion, and not file charges for abortion cases.
It's the not doing so silently thing that makes me think less of him.
I know your point and I don't disagree. My point is maybe there are no remedies in those states, like in FL, to allow for consistent application and thus removal of the sheriff.
I can appreciate somebody making a principled stand. But, I promise DeSantis has no idea what criminal cases have been filed in Tampa. This prosecutor could have just not filed charges on doctors and 25 year old Suzie, and nobody, including Lil' Trump, would have ever noticed it.
Another thing, a prosecutor could point to public opinion about abortion and make the argument that there is a good possibility a jury would not convict a doctor or 25 year old Suzie: waste of taxpayer money and time.
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The DOJ is suing MO for making it illegal to enforce a Federal law. The laws "on the books" are not settled law, and are currently working their way thru the Appellate process. So Warrens position is that his loyalty is to the FL Constitution, and the idea of whether these laws are Constitutional or not is far from settled...
DeSantis is using a very loose interpretation of the powers the FL constitution gives him when it comes to removing someone from office based on malpractice. He is replacing someone who has been twice elected by voters with a crony judge who hasn't been elected by anyone. The Dem Party seems to be uniting behind Warren, and the issue will undoubtedly end up in the court system. It seems likely to me that a court at some level will agree with Warren's contention that DeSantis has exceeded the authority granted him in the Constitution... DeSantis will appeal, and the issue will make it's way thru the judicial system...
If he can remove someone for malpractice wouldn't they have to do a little mal'ing first?
CoH, your comment... "But when prosecutors refuse to prosecute whole classes of cases, often due to a previously held ideology" ...brings up the age old debate of at which level of government authority should prevail.
Here in Marion County, Indiana the County Prosecutor has declared that he will not prosecute a class of offenders arrested and found with one ounce of marijuana or less. This does not conform with state law which considers this to be a possession of marijuana subject to a maximum penalty of 180 days in jail and/or a $1000 fine.
The prosecutor's ideology in this regard is to focus on the violent crime in his jurisdiction which includes having jail space for violent crime offenders along with having his staff spending their limited time on crimes which in the case of Marion County are the most egregious. Smoking pot in much of Indiana may be egregious to most of its citizens. However, in Marion County it is so far down on the list of crime problems that it are worth prosecuting.
I made this same point early in this thread, and Goat followed up with a comment about attention seeking or some such. Later there was a link to a Tampa newspaper profile about Warren; it seems pretty obvious (to me at least) that this guy has further ambitions and his public stand regarding abortion enforcement was made with those in mind. Methinks he miscalculated.
My opinion on this was never intended as a defense of DeSantis, who is a slimeball. In fact, I'm not even saying he acted properly in suspending this guy. He may very well be in the wrong. I'm just saying I know a fart when I smell it, and this guy was using his position to publicly disagree on policy for political reasons, and he should resign his job if it's that big of a problem for him.
Prosecutorial discretion is a practical necessity. Not all the charged crimes can possibly be taken to trial. When exercising discretion, ethics forbids a prosecutor from applying his own. partisan or political or personal considerations. Additionally, a prosecutor must not coordinate with general government (mayors, governors, or presidents) when deciding which crimes to prosecute or which laws to enforce. Prosecutorial discretion must not be seen as a way to decide public policy.
I'll be honest, I still have no clue who this fukker is. Just the info in this thread alone is enough to tell what's going on.
Prosecutors just like other elected officials must make decisions which serve the public interests given budget restraints.
Upon running for reelection the local body politic will exercise their own partisan preferences which can be contrary to the state legislature.
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When Desantis travels far from the statehouse to sign an abortion bill at a church, please tell us what blinded Desantis to do that.
Gov. DeSantis signs controversial 15-week abortion ban into law
Gov. Ron DeSantis signed House Bill 5 into law Thursday, which bans abortions after 15 weeks. He signed the bill during a rally at a church in Kissimmee.
Mini-Trump.
First, I want you to tell us the principled difference you discern between refusing to enforce anti-assault rifle laws, refusing to enforce anti-abortion laws and refusing to enforce civil rights laws (all of which local prosecutors have either done or promised to do).
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You mad because he didn’t sign it at a table and go around having everybody state their pronouns and what they’re wearing first?When Desantis travels far from the statehouse to sign an abortion bill at a church, please tell us what blinded Desantis to do that.
Gov. DeSantis signs controversial 15-week abortion ban into law
Gov. Ron DeSantis signed House Bill 5 into law Thursday, which bans abortions after 15 weeks. He signed the bill during a rally at a church in Kissimmee.news.yahoo.com
Mini-Trump.
Seriously man - get a grip. Your TDS is morphing into DDS and that doesn’t give you the right to practice dentistry.
Look at this photo carefully.
As long as Desantis can open his mouth wide enough to talk, there is a remedy in Florida to correct local sheriffs and prosecutors who ignore laws that are unpopular among Conservatives/Republicans.
That is, assuming Desantis is willing to criticize officials that refuse to enforce laws that his allies don't want to enforce.
There are nothing but Michigan pot billboards on I-69 in northern Indiana: kind of funny.
Look at this photo carefully.
As long as Desantis can open his mouth wide enough to talk, there is a remedy in Florida to correct local sheriffs and prosecutors who ignore laws that are unpopular among Conservatives/Republicans.
That is, assuming Desantis is willing to criticize officials that refuse to enforce laws that his allies don't want to enforce.
You should read better and reply less. I replied to links about sheriffs in other states such as Virginia and Arizona, that were refusing to follow the law, like Warren. I suggested that maybe those states don't allow for the governor to remove such elected individuals, unlike FL, which gives that constitutional authority to its governor.
Now if you have a link where FL sheriffs were not upholding FL law and have not been removed or disciplined, then I will gladly read.
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People are ignoring what has happened in other cities where prosecutors have the same ideas. Maybe DeSantis isn't wanting things to go like the lawless that is happening in Major cities with DAs with the same idea as Warren. By the way, there is no law that requires prosecuting women getting an abortion.
When some of that billboard money ends up as political donations to those running for the state legislature attitudes about pot will change.
Actually the reality is that WHEN he signed the letter regarding a hypothetical issue of prosecutorial discretion, Roe was still the LAW of the land. And a right to PRIVACY was enshrined in the FL Constitution...He hasn't been presented with an abortion case that he has declined to prosecute. It's all an overreach by DeSantis designed to impress voters in the 2024 Iowa caucuses and beyond.
DeSantis even used the term "woke "in his press conference. There is no way this qualifies as any type of "malfeasance" that would comply with the FL Constitution's guidelines for removing a publicly elected official. The "proposed law" that the letter referred to was UNCONSTITUTIONAL at the time, based on Roe being the concurrent law of the land. I suspect a FL court will recognize that fact and he'll be reinstated.
I also suspect ,pretty strongly, that DeSantis KNOWS this will happen. But his political calculation is based on taking the bold step in the first place. As usual his supporters are already hailing the move. And if and when it get's overthrown, all they'll really care about is the fact that he made the move in the first place..
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Some of you guys are really jumping the gun here. The letter that Warren signed (and what DeSantis is basing his claims on) was signed in 2021. Not only was there no anti-abortion law on the books in FL at the time, but such a law would have been Unconstitutional in 2021, when Roe was still the law of the land.
DeSantis is applying a red meat political point that will stir up the MAGA faithful, but I don't see Appeals judges agreeing that signing a letter against enforcing an unconstitutional law constitutes "malfeasance"...And while some are ripping CNN, this video from CNN does (imho) a very good job of diving into the specific issues and explaining the situation. There haven't been any cases on abortion that Warren has refused to prosecute, and even Jennings the conservative Pub on this panel points out the political motives behind this "move" from DeSantis...
Since an Appellate court in FL has already initially ruled that a 15 week abortion ban law was unconstitutional, I'd imagine the same court would rule that DeSantis unlawfully fired Warren and order him re-instated. Now after the original ruling on the law other courts with more DeSantis appointees have disagreed, so the law is in limbo and mired in the Appellate process.
But (imho) if Warren does appeal and is initially reinstated, I don't think even the more pro DeSantis court will overrule that, because I don't see anyway DeSantis actions pass (FL) Constitutional muster given the actual facts. Warren hasn't been presented any actual cases AND the hypothetical law referenced in the 2021 letter was UNCONSTITUIONAL on it's surface at that particular time. I just don't see any of that meeting what the FL Constitution sets as standards for the Governor to take the action he did.
What do the boards lawyers say?
So an update, as Warren has filed a Federal lawsuit basically charging that DeSantis has overstepped the Constitutional authority he has in extreme, rare cases to replace an elected official for malfeasance...
So far the case has gone the way I anticipated. I think the (GOP) head of the Senate urging people to allow the matter to proceed thru the judicial system prior to taking Legislative action is significant as well. We'll see how things progress, but the fact that the first court to hear the case has already previously ruled that one of DeSantis's pet laws was unconstitutional, leads me to believe that the first court will order Warren re-instated...
At that point they can proceed up thru the court system where other courts are more pro-DeSantis, and eventually it might end up in the FL Supreme Court which is heavily stacked (4 out of 7) with DeSantis appointees. However it may also be necessary to address the language in the FL Constitution, since like Standard Issue noted above "malfeasance" would seem to require actual actions rather than just words.
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