DeSantis Seeks To Avoid Giving Deposition In Andrew Warren Lawsuit

TAMPA, FL — Gov. Ron DeSantis has filed a motion for a protective order releasing him from giving a deposition under oath in the lawsuit filed by ousted Hillsborough County Attorney Andrew Warren.

Federal Judge Robert Hinkle has set a Nov. 29 trial date in the lawsuit filed by ousted Hillsborough County State Attorney Andrew Warren against Florida Gov. Ron DeSantis, asserting that he was illegally suspended from office.

See related stories:

• DeSantis Must Testify In Andrew Warren's Lawsuit Following Suspension
• Nov. 29 Trial Set In Ousted State Attorney's Suit Against DeSantis

In two written orders, Hinkle laid out deadlines for depositions and discovery in the case.

Emails, text messages, and other written records related to the case must be provided under the discovery process by Nov. 14. Some documents were due on Oct. 10.

In his orders, the judge confirmed that this is a First Amendment case, with the trial determining whether DeSantis violated Warren’s right to free speech by suspending Warren for speaking out in support of abortion rights and transgender Floridians.

To defend his actions during a hearing two weeks ago, DeSantis’ legal team made two key assertions: that Warren has no First Amendment rights because he is DeSantis’ employee, and that Warren’s statements on abortion and transgender health care amounted to official actions.

In his motion for a protective order, DeSantis' attorneys noted that Warren is requesting depositions from both himself and his chief of staff James Uthmeier.

"But much more is required to justify deposing officials at the 'apex' of state government," the attorney wrote in the request. "On this record, Mr. Warren can no more depose the governor and his chief of staff than a plaintiff suing President Biden for an allegedly discriminatory executive action could depose the president or his chief of staff, Ron Klain.

"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 4 hurricane," said the motion. "At a minimum, Mr. Warren must establish that this is the 'extraordinary' case in which a high-ranking official holds evidence that is not 'available from alternate sources. Mr. Warren has not met that burden. Though he seeks to probe the governor’s motives for suspending him, he has not tapped the well of witnesses and documents that shed light on that information. And at any rate, he has already received substantial discovery about the governor’s deliberative process, making higher-level depositions cumulative and needlessly disruptive."

Jean-Jacques Cabou, the attorney for Warren, maintains that the best evidence in the case is DeSantis' own testimony.

“The governor is the best source of information on why the governor suspended Mr. Warren," he said. "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.”