Florida Attorney General Ashley Moody filed a complaint against the DOJ after the agency blocked the state from investigating the second assassination attempt on former President Donald Trump.
Ryan Routh faces charges for allegedly wanting to kill Trump at his golf course in Florida.
Federal prosecutors charged Routh with federal gun crimes. Federal prosecutors also asked the DOJ “to approve the more serious attempted assassination charge, which carries a maximum of life in prison.”
Florida Gov. Ron DeSantis signed “an executive order directing agencies to ensure that appropriate state charges are brought against” Routh.
The DOJ and FBI “cited 18 U.S.C. § 351(f), which purports to temporarily ‘suspend the exercise of jurisdiction by a State or local authority’ when the federal government asserts jurisdiction over an assassination attempt of a major presidential candidate.”
18 U.S. Code § 351(f) states: “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 said federal officials told Florida officials the state “may not conduct its own investigation, may not interview witnesses, and may only cooperate with the federal government’s investigation.”
“Because § 351(f) does not prohibit such conduct, and because it would violate the Tenth Amendment if it reached so far, Florida sues to vindicate its sovereign interest to investigate violations of state law, as delay may impact the outcome of any prosecution,” added Moody.
Moody pointed out that the DOJ did not add the assassination charges against Routh until after DeSantis issued his executive order:
Only a few days after Governor DeSantis signed the Executive Order, FBI Special Agent in Charge Jeffrey Veltri called the FDLE Special Agent in Charge in Fort Pierce. During that phone call, Mr. Veltri directed FDLE to 18 U.S.C. § 351(f).Mr. Veltri did so even though, at that time, the federal government had only charged Mr. Routh with firearms related charges and had not charged him for attempted assassination under § 351.
The DOJ didn’t ask for the charges until Moody sent a letter to the FBI, demanding to know if the DOJ “formally invoked” § 351(f).
Moody’s question is important because, as I stated above, § 351(f) says the state must suspend its investigation if the federal government asserts jurisdiction.
So, if the DOJ asserted jurisdiction after DeSantis’s executive order, can the agency use § 351(f) to stop Florida’s investigation?
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