“As Florida Gov. Ron DeSantis continues his culture war campaign against abortion providers and members of the LGBT community, prosecutors who choose to defy the governor’s edicts may soon find themselves out of a job.
Last Thursday, DeSantis signed an executive order suspending Hillsborough County State Attorney Andrew Warren, a progressive prosecutor who had previously pledged his office would not prosecute women seeking abortions or pursue criminal charges against those pursuing gender-affirming health care. “State Attorneys have a duty to prosecute crimes as defined in Florida law, not to pick and choose which laws to enforce based on his personal agenda,” DeSantis said in a statement.
Warren was first elected in 2016, defeating a longtime Republican incumbent with the support of liberal donor George Soros. Despite clashing with law enforcement over his refusal to prosecute minor offenses, Warren was reelected in 2020. Warren has said he will fight the governor’s suspension in court.
Article 4, Section 7 of the Florida Constitution allows the governor to suspend local officials for “malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony” and to appoint a temporary successor. The Florida Senate must approve a permanent removal from office and confirm the governor’s replacement appointments.
Previous governors have reserved that power for extreme cases of incompetence and malfeasance. In the last weeks of his governorship, then-Gov. Rick Scott, a Republican, suspended Broward County Supervisor of Elections Brenda Snipes, a Democrat, after her office came under fire for its mismanagement of the 2018 midterm elections.
Snipes was the second consecutive Broward elections chief to receive a pink slip from Tallahassee; her predecessor, Miriam Oliphant, had been suspended by then-Gov. Jeb Bush in September 2003 after a task force report investigating her disastrous handling of the 2002 elections* revealed countless administrative failures in the county elections office, including hundreds of uncounted ballots found in filing cabinets and a gravely understaffed office. Neighboring Palm Beach County also saw their elections supervisor, Susan Bucher, receive the boot in January 2019, this time from DeSantis. Snipes and Bucher both resigned from their positions.
DeSantis also suspended embattled Broward County Sheriff Scott Israel early in his tenure, after an investigation into the 2018 Marjorie Stoneman Douglas High School Shooting found Israel and the Broward Sheriff’s Office responded to the massacre with “incompetence” and “negligence.” He then appointed Coral Springs Sergeant Gregory Tony as Israel’s replacement. The Florida Senate officially removed Israel from office in October 2019.
However, suspending a prosecutor for using their discretion sets a troubling precedent. Many prosecutors across the U.S., including federal prosecutors, prioritize their resources to go after offenders who pose a threat to public safety and civil society. It is simply not possible for prosecutors to devote equal resources to every type of offense.
Even when prosecutors adopt policies that seem political, the governor has less extreme tools for making sure that justice is done. When former Orange-Osceola County State Attorney Aramis Ayala, a Democrat now running for state attorney general, announced that her office would no longer pursue the death penalty, Gov. Scott reassigned 30 murder cases to a different State Attorney, prompting Ayala to sue.
The Florida Supreme Court ruled that Scott’s decision to reassign cases from Ayala’s office was a legitimate use of the governor’s powers. “The executive orders reassigning the death-penalty eligible cases in the Ninth Circuit to King fall well ‘within the bounds’ of the Governor’s ‘broad authority,'” the majority opinion explained. DeSantis himself used that same ruling to reassign homicide cases from Ayala’s office in 2020. However, neither governor suspended or removed her from her position.
What’s more, DeSantis has declined to use his executive authority to suspend sheriffs who refused to enforce gun restrictions. Meanwhile, DeSantis has allowed state education officials to ignore federal anti-discrimination laws designed to protect LGBT students and teachers in Florida public schools.
Many lawmakers have expressed concerns that the suspension encroaches on the separation of powers between the governor and local governments in the state, something they see as contradicting DeSantis’ messaging advertising his vision of a “free Florida.”
“Removing a duly elected official should be based on egregious actions—not political statements,” Tampa Mayor Jane Castor tweeted in response to the governor’s executive order. Like many Democrats in the state, she believes that the governor is thwarting the will of voters in her city by suspending Warren. “In a free state, voters should choose their elected officials.””
“When the Cold War ended in the ’90s, the United States possessed unrivaled economic and military power. Scholar Francis Fukuyama claimed the “End of History” and former Secretary of State Madeleine Albright asserted the centrality of American exceptionalism in her coinage, “the indispensable nation.”
Some argue that that unipolar moment was overstated. “Look, the Americans suffered from hubris after the end of the Soviet Union,” said Joseph Nye, a Harvard professor who has written widely about American power. “The unipolar moment, I think, was always illusory.”
At the end of the Cold War, the US did continue to hold itself out as the guarantor of security. “The United States appointed itself as responsible for peace, security, and democracy in Europe,” Stephen Wertheim, a historian of US foreign policy at the Carnegie Endowment for International Peace, told me. In response to ethnic cleansing in Bosnia, the United States, through NATO, took military action against Serbia. The intervention was relatively limited, and the outcome of it was a successful projection of US might.
But that unilateral moment, real or imagined, was short-lived.
The terrorist attacks on September 11, 2001, were not what challenged that global supremacy, argues Wertheim. Rather, it was the 20 disastrous years of overreach in America’s response. The invasions of Iraq and Afghanistan exposed the limits of US power.”
“China’s massive military upgrade has emphasized countering the U.S. and other countries’ naval forces.
That includes the development of land, sea and air-launched missiles to repel and possibly sink opposing vessels, expressed most emphatically by the land-based DF-21D ballistic missile known as the “carrier killer.””
“The Pentagon..issued a report saying China is expanding its nuclear force much faster than U.S. officials predicted just a year ago. That appears designed to enable Beijing to match or surpass U.S. global power by midcentury, the report said.”
“China’s test of a hypersonic weapon capable of partially orbiting Earth before reentering the atmosphere and gliding on a maneuverable path to its target also surprised top U.S. military leaders. Beijing insisted it was testing a reusable space vehicle, not a missile, but the weapon system’s design is meant to evade U.S. missile defenses.
Gen. Mark Milley, chairman of the Joint Chiefs of Staff, said the test was “very close” to being a “Sputnik moment,” akin to the 1957 launching by the Soviet Union of the world’s first space satellite, which fed fears the United States had fallen behind technologically.”
“It’s abundantly clear that the power grid in the United States is not ready for the effects of climate change, including the extreme weather events that come with it. After all, climate change isn’t just increasing the demand for energy to keep people cool or warm amid heat waves and winter storms. It’s also damaging the grid itself. The country is now in a race against time to shift its energy supply toward renewable sources, like wind and solar, while also needing more and more electricity to do everything from powering more air conditioning to boosting the number of EVs on the road.”
“But the FDR and LBJ examples show conclusively why visions of a transformational Biden agenda are so hard to turn into reality. In 1933, FDR had won a huge popular and electoral landslide, after which he had a three-to-one Democratic majority in the House and a 59-vote majority in the Senate. Similarly, LBJ in 1964 had won a massive popular and electoral vote landslide, along with a Senate with 69 Democrats and a House with 295. Last November, on the other hand, only 42,000 votes in three key states kept Trump from winning re-election. Democrats’ losses in the House whittled their margin down to mid-single digits. The Senate is 50-50.
Further, both Roosevelt and Johnson had crucial Republican allies. In the 1930’s, GOP Senators Robert LaFollette and Frank Norris were ardent advocates for organized labor. In the ‘60s, Senate Minority Leader Everett Dirksen gave LBJ crucial help in getting his civil rights agenda passed. When Medicare became law in 1965, it passed with 70 Republican votes in the House and 13 GOP votes in the Senate. In today’s Washington, Kevin McCarthy and Mitch McConnell have been successfully working to keep Republican support for Biden’ policies at precisely zero.”
“The threats to a free and fair election that have emerged since last November are real—and require nothing more than the willingness of state legislators to use and abuse the existing tools of government. Arizona, whose two new voting rules were just validated by the Supreme Court, also took the power to litigate election laws away from the (Democratic) Secretary of State and gave the power to the (Republican) Attorney General. In at least 8 states, Republicans are advancing legislation that would take power away from local or county boards. Many more states are moving to make voting harder. It might be anti-democratic, but it falls well within the rules.
Also within the rules: How McConnell helped build a federal bench almost certain to ratify the power of those legislatures to pass laws far more restrictive than the Arizona rules upheld last week. He creatively eviscerated Senate norms to keep Merrick Garland off the Supreme Court and hand Donald Trump an astonishing three nominations in a single term. And he’s recently suggested that, should a Supreme Court vacancy open, he’d block even consideration of a Biden nominee if the Republicans take the Senate back in 2022. This is abnormal, anti-democratic and a cynical abuse of power—but it’s legal within the existing rules.”
“Facebook is indeed a powerful and influential company, but these people all need a reality check. The social media site does not wield nearly as much power as actual governments. Facebook doesn’t drop bombs on its enemies or send troops to bust down their doors and kill them. Facebook can’t put people in jail, or confiscate their money, or forbid them from gathering in groups, or force children as young as three to wear masks while they play sports outside. The only thing Facebook can do is stop people from posting on Facebook.”
“That the Department of Justice sought the private phone data of US lawmakers without their knowledge is remarkable and disturbing. While details are still emerging, the exchange sets a concerning precedent about the ability of the executive branch to obtain the digital records of lawmakers as well as tech companies’ roles in complying with such orders.”
“The DOJ’s inspector general, Michael Horowitz, announced on Friday that he will start a review of the agency’s actions under the Trump administration and will look at “whether any such uses, or the investigations, were based upon improper considerations.””
“Although Rep. Liz Cheney (R–Wyo.) easily survived a February attempt to replace her as chair of the House Republican Conference after she voted to impeach Donald Trump, she is expected to lose her post on Wednesday as punishment for her continued criticism of the former president’s fantasy that Joe Biden stole the 2020 election. House Minority Leader Kevin McCarthy (R–Calif.), who supported Cheney in February, now favors replacing her with Rep. Elise Stefanik (R–N.Y.), who is willing to indulge Trump’s fanciful belief that massive, orchestrated fraud deprived him of his rightful victory.
The comparison between Cheney and Stefanik speaks volumes about the extent to which the Republican Party has devolved into a personality cult that elevates Trump’s capricious demands above any principles or policies it once claimed to support.”
“Aside from her willingness to bend reality so that it conforms with Trump’s self-flattering delusions, what does Stefanik have to offer as a Republican leader? “Elise Stefanik is NOT a good spokesperson for the House Republican Conference,” the Club for Growth declared on Twitter last week. “She is a liberal with a 35% CFGF [Club for Growth Foundation] lifetime rating, 4th worst in the House GOP. House Republicans should find a conservative to lead messaging and win back the House Majority.”
By contrast, Cheney’s CFGF lifetime score, which is based on votes that reflect a commitment to fiscal discipline, low taxes, restrained government, and economic freedom, is 65 percent. It is clear that resisting the Democratic agenda counts for less in the GOP’s priorities than kowtowing to one man’s whims.”
“Most of these bills are not as aggressive as Georgia’s, but they all undermine localities’ ability to self-rule. In this way, Illinois State University political scientist Lori Riverstone-Newell told FiveThirtyEight, they’re part of an increasing trend of states preempting local government in order to retain power for themselves: Conservative legislatures, in particular, have passed several laws in recent years that limit the types of laws municipalities can pass, including sanctuary-city protections, anti-LGBT discrimination ordinances and minimum-wage increases (especially in the South). These laws can often have what Riverstone-Newell calls a “chilling effect,” where the mere threat of having their power taken away makes local officials afraid to govern as they see fit.”