In a dispute over federal law following the second attempted assassination of former President Donald Trump, Florida Attorney General Ashley Moody has filed a lawsuit in U.S. District Court against U.S. Attorney General Merrick Garland.
Following the attempted assassination in West Palm Beach in September, the FBI launched an investigation. At the same time, Gov. Ron DeSantis said the state would prosecute the would-be assassin Ryan Routh.
In September, DeSantis said Florida holds jurisdiction over “the most serious straightforward offense, which is attempted murder.” He signed an executive order directing the Florida Department of Law Enforcement and Florida Highway Patrol to “ensure appropriate state charges are brought.”
Moody’s lawsuit claims federal government officials have said, “Florida may not conduct its own investigation, may not interview witnesses, and may only cooperate with the federal government’s investigation.”
Moody’s office filed suit seeking the right to investigate.
“Every day that Florida is prevented from investigating, the State’s case becomes harder to prove at trial,” Moody argues in the suit. “By contrast, the federal government suffers no injury from Florida investigating state law crimes, as the State has no intention of interfering with or obstructing the federal investigation.”
Moody argues in the suit that “evidence disappears, memories fade, and the State has no way to force the federal government to cooperate in the State’s prosecution.”
“The State of Florida has been clear that a dual-track investigation would be in the best interest of all parties involved,” Moody said in a news release. “It is not lost on us that the American people have concerns about federal agencies exclusively handling this matter while simultaneously investigating and attempting to prosecute President Trump.”
Routh could be charged by the state with attempted murder, fleeing and eluding, unlawful firearm possession, and injuries to law enforcement officers, Moody argues.
Federal jurisdiction
According to the complaint, an FBI agent told the FDLE it could not pursue an investigation, citing a federal law granting the federal government jurisdiction over assassination attempts of high-ranking officials such as Supreme Court justices, members of Congress, and nominees for similar positions.
The federal statute says:
“If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated.”
Moody insists the law doesn’t preclude state participation, adding that the argument is invalid because, at the time, Routh had only been charged with firearms offenses.
He has since been charged by federal prosecutors with attempted assassination of a major presidential candidate and assaulting a Secret Service agent.
The attempted assassination case is being handled by U.S. District Judge Aileen Cannon, a Trump appointee who has previously dismissed classified document criminal charges against the former president.
–Jay Waagmeester, Florida Phoenix
