In a motion sent to U.S. District Judge Robert Hinkle this week, DeSantis’ lawyers argued that the governor shouldn’t have to be deposed and testify under oath during a trial scheduled for Nov. 29. The motion also defended DeSantis’ Chief of Staff James Uthmeier from being deposed.
“Far more must be shown before a plaintiff may subject high-ranking
government officers to burdensome depositions that distract from their important
duties, like responding to the aftermath of a Category Four hurricane,” the motion reads.
The motion said that at a minimum, Warren must establish that this is an extraordinary case in which a high-ranking official holds evidence that is not available from alternate sources. DeSantis legal team wrote that, “Mr. Warren can no more depose the Governor and his Chief of Staff than a plaintiff suing President Biden.”
On Aug. 4, DeSantis issued an executive order suspending the twice-elected prosecutor, accusing Warren of “incompetence and willful defiance of his duties.”
DeSantis’ removal order pointed to a letter Warren signed which pledged to avoid enforcing a new law preventing abortions after 15 weeks of pregnancy. The governor also targeted Warren’s pledge to not criminalize people seeking transgender healthcare.
Warren’s lawsuit alleges DeSantis violated the suspended prosecutor’s First Amendment rights and contends the governor’s executive order “did not identify any actual conduct by Warren related to his official duties involving alleged criminal activity for seeking gender-affirming health care or abortion.”
Warren’s lawyer Jean-Jacques Cabou gave a statement to Creative Loafing Tampa Bay about DeSantis’ motion to avoid deposition.
“The governor is the best source of information on why the governor suspended Mr. Warren,” Cabou wrote. “The governor has talked about it at length on TV. We continue to think it is appropriate that the governor talk about it under oath.”
The motion argues that testimony from the governor would add significant value.
“Many officials participated in the decision to suspend Mr. Warren, and many besides the Governor therefore know as much about the justifications for Mr. Warren’s suspension,” DeSantis’ legal team argued.
But even Judge Hinkle has stated that DeSantis’ deposition would be critical during the trial.
This article appears in Oct 20-26, 2022.