TAMPA, Fla. — Gov. Ron DeSantis plans to resist giving a deposition in the case of the Hillsborough County state attorney he recently removed from office, court records show.
The governor suspended Andrew Warren in August, accusing the twice-elected Tampa-based prosecutor of refusing to enforce certain laws. Warren, who says his suspension was political, is suing in federal court to get his job back.
As attorneys prepare for the Nov. 29 trial in Tallahassee, court filings show Warren’s lawyer wants to depose the governor beforehand.
Depositions are a routine pretrial part of what’s called discovery — the formal process of exchanging information between the two sides about the witnesses and evidence they plan to present at trial. Warren’s lawyers intend to call DeSantis to the stand during the trial.
But court documents indicate the governor will assert what’s called the apex doctrine. That’s a rule that can protect high-level corporate executives and government officials — those at the apex of an organization — from the risk of unduly burdensome or even harassing depositions.
The idea is that a top official should not be subjected to a deposition unless they are “uniquely able to provide relevant information that cannot be obtained from other sources,” said a recent article in the Florida Bar Journal.
The doctrine’s purpose is to protect an official from harassment or pressure to settle a case, said Matt Devisse, a high-end commercial litigation attorney in Naples who is not involved in this case. It’s also to encourage people to run for office without the threat of constantly sitting through depositions, he said.
Court records indicate the governor “would be willing to produce a designated representative” instead. That person was not named.
Warren’s attorney David Singer said DeSantis has repeatedly said in political appearances and interviews that he personally made the analysis and the decision to suspend the state attorney. The governor is the one person with the authority to do so, Singer said.
“So how in the world would the governor think that he wouldn’t have to give a deposition or wouldn’t have to testify in a trial about his decision?” Singer said.
Warren’s legal team will “vigorously oppose” DeSantis being allowed to avoid being deposed and called to testify, he said.
Court documents also indicate the governor will assert executive privilege — the authority of an official to withhold certain information.
The matter has not yet been brought before U.S. District Judge Robert L. Hinkle.
The governor’s office did not respond to emails and a phone call this week requesting comment. A governor’s spokesperson previously told the Tampa Bay Times that “anything we have to say about this pending legal matter will be within our legal filings.”
Warren’s lawyers are also asking the judge to allow them to bring on Washington, D.C.-based attorney David O’Neil, former head of the criminal division for the Department of Justice.
The Warren vs. DeSantis trial will be decided by the judge, not a jury, and is expected to take four to five days.
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