In ruling on Governor Ron DeSantis’s decision last year to fire a state attorney who explicitly refused to enforce the state’s laws, a Florida District Court judge just provided the latest example of a significant problem in America’s justice system: “Progressive” prosecutors across the length and breadth of our nation are nullifying laws with which they disagree. This goes to the very heart of our constitutional system. The reason prosecutors act with this impunity is the Supreme Court’s grant of absolute immunity for “prosecutorial discretion.”
In Florida, Soros-supported State Attorney Andrew Warren was open about his disdain for Florida’s laws. He promised to “use discretion” as a vehicle for refusing to prosecute certain crimes, and he issued a flat-out promise not to prosecute any criminal laws governing abortions.
After being fired, Warren sued in federal court, alleging that DeSantis has violated both his First Amendment rights to free speech and his rights under the Florida Constitution. In what should have been a one-page opinion finding that Warren was properly fired, Federal Northern District of Florida Judge Robert Hinkle, a Clinton appointee, issued a 59-page opinion that, while finding the DeSantis had cause to fire Warren, nevertheless held that this was only because Warren was foolish enough to state his blanket refusal to prosecute crimes regarding abortion. Despite that holding, Hinkle spent the remainder of his opinion condemning DeSantis and endorsing Warren.
