In an early August press conference, Florida Gov. Ron DeSantis delivered a shocking announcement: He was abruptly suspending Andrew Warren, the elected chief prosecutor for Hillsborough County (Tampa) and an outspoken critic of the governor. Warren, who was given no warning, was escorted from his office by an armed deputy.

In an accompanying executive order, DeSantis accused Warren of “incompetence and willful defiance of his duties.” Although county prosecutors in Florida are elected and do not answer to the governor, DeSantis pointed to a statute in the Florida State Constitution that allows a governor to suspend elected officials “for reasons of misfeasance, malfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony.” Historically, this power has almost exclusively been used to remove officials charged with felonies.

To support his claims, the governor pointed to two joint statements signed by Warren and other prosecutors around the country: a June 2022 pledge not to use their offices’ “limited resources” to prosecute those who seek or provide abortion care, and a 2021 pledge not to criminalize transgender people or gender-affirming health care. DeSantis also noted a policy Warren implemented against bringing charges in cases that stem from police stops of pedestrians and cyclists; this was intended to end the high number of “biking while Black” bike-stop charges in Tampa. ...