FEDERAL JUDGE QUOTES ME IN DESANTIS RULING

FEDERAL JUDGE QUOTES ME IN DESANTIS RULING

The federal judge Robert Hinkle wrote of Andrew Warren:

“Mr. Warren’s well established policy, followed in every case by every prosecutor in the office, was to exercise prosecutorial discretion at every stage of every case.”

I previously wrote:

“Like all Florida prosecutors, Warren will use his discretion to find the most politically convenient path in each case regardless of what he promised and the law. And there is no Florida law that says Warren cannot choose what cases he wants to prosecute.”

http://stephenmurrayokeechobee.com/index.php/2022/08/04/florida-governor-creates-a-super-legislature-of-sheriffs/

Judge Hinkle wrote:

“So far as this record reflects, he was diligently and competently performing the job he was elected to perform, very much in the way he told voters he would perform it.”

I previously wrote:

“Warren provided honest full disclosure of what he reasonably believed to be white-market actions, based on the fact it doesn’t say anywhere in Florida law that he can’t do this.”

http://stephenmurrayokeechobee.com/index.php/2022/08/04/florida-governor-creates-a-super-legislature-of-sheriffs/

“There is also no Florida law that he cannot freely choose how to communicate to voters what his policy will be.”

http://stephenmurrayokeechobee.com/index.php/2022/08/05/florida-governor-again-attacks-speech/

Judge Hinkle wrote:

“Any reasonable investigation would have confirmed this.”

I previously wrote:

“there is no formal process to oversee what he then chooses to do. It is really just the choice of the governor to remove him in a rare situation based on politics.”

http://stephenmurrayokeechobee.com/index.php/2022/08/04/florida-governor-creates-a-super-legislature-of-sheriffs/

“There is not even an office or a formal mechanism in the Florida executive branch, to compel reporting or monitor how prosecutors are actually using their discretion.”

http://stephenmurrayokeechobee.com/index.php/2022/08/05/florida-governor-again-attacks-speech/

Judge Hinkle said:

“The Governor violated the First Amendment by considering Mr. Warren’s speech on matters of public concern”

I previously said:

“What Warren signed is just a campaign communication, it is not legally binding to prohibit him from choosing to prosecute specific future cases.”

“To the extent Warren’s letter was not legally binding, it may even be an attack on Warren’s First Amendment right to make campaign promises.”

http://stephenmurrayokeechobee.com/index.php/2022/08/04/florida-governor-creates-a-super-legislature-of-sheriffs/

“DeSantis removed Hillsborough State Attorney Andrew Warren, for nothing more than a campaign communication which DeSantis wants to publicly take the other side of.”

“There is also no Florida law that he cannot freely choose how to communicate to voters what his policy will be.”

http://stephenmurrayokeechobee.com/index.php/2022/08/05/florida-governor-again-attacks-speech/

I also included this in a request for oral argument in the 11th Circuit Court of Appeals:

“So ask Archer and the Florida Attorney General: Do you prosecute state witness perjury?”

http://cops2prison.org/archer_sprowls_reply_brief_6500_docket.pdf

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