In a significant legal battle, the State of Florida has filed a lawsuit against U.S. Attorney General Merrick Garland, alleging that the federal government is unlawfully preventing Florida from conducting its own investigation into the Florida assassination attempt against former President Donald Trump.
The lawsuit, filed in the U.S. District Court for the Southern District of Florida, challenges federal intervention in state jurisdiction and seeks to allow Florida to proceed with its investigation into state law violations.
The case stems from two separate assassination attempts on Trump in recent months. In the first incident, a gunman in Pennsylvania nearly killed the former president, injuring his ear.
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The second attempt occurred on September 15, 2024, when another assailant was found hiding near the sixth green of Trump International Golf Club in West Palm Beach, Florida. After firing at the gunman, Secret Service agents, along with local law enforcement, managed to apprehend the suspect, Ryan Wesley Routh, following a chase.
In response to the second attempt on Trump’s life, Florida Governor Ron DeSantis signed an executive order on September 17, directing state agencies, including the Florida Department of Law Enforcement (FDLE) and the Florida Highway Patrol (FHP), to investigate and pursue state charges against Routh.
However, the lawsuit contends that federal officials from the FBI and the Department of Justice (DOJ) have obstructed the state’s investigation, citing a federal statute, 18 U.S.C. § 351(f), which suspends state jurisdiction over such cases when federal authorities assert control.
Florida Attorney General Ashley Moody is leading the legal challenge, arguing that the federal statute does not prohibit the state from investigating violations of its own laws, including attempted murder and firearm-related offenses. The state claims that delaying its investigation could harm its ability to prosecute the case, as evidence may deteriorate over time.
“The State of Florida has been clear that a dual-track investigation would be in the best interest of all parties involved. 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. Given that the Department of Justice is preventing our independent investigation from proceeding, we filed suit to ensure that Florida can take appropriate action to enforce its laws,” said Moody in a statement.
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The complaint also raises constitutional concerns, asserting that the federal government’s interpretation of 18 U.S.C. § 351(f) violates the Tenth Amendment by unlawfully commandeering state law enforcement and interfering with state sovereignty.
The U.S. government, however, argues that the federal statute is necessary to maintain jurisdiction over high-profile cases such as presidential assassination attempts and that state investigations should only proceed after federal prosecutions have concluded.
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