Tipsheet

Florida Sues DOJ for Blocking State Investigation of Trump Assassination Attempt

Florida Attorney General Ashley Moody filed a lawsuit against the Justice Department for allegedly stonewalling the state’s investigation into the second assassination attempt against former President Donald Trump last month. 

Gov. Ron DeSantis signed an executive order after the assassination attempt directing state law enforcement agencies to work with the attorney general's office to investigate the Sept. 15 incident and whether suspect Ryan Routh violated any other state laws through his actions. 

Moody said that days after Florida announced it would carry out its own state investigation, the DOJ demanded Florida suspend the probe. 

After Florida announced its independent investigation, Gov. Ron DeSantis signed Executive Order Number 24-197, directing the Florida Department of Law Enforcement and Florida Highway Patrol to work with relevant partners and with Attorney General Moody’s Office of Statewide Prosecution to investigate the attempted assassination and other state-law crimes emanating from Mr. Routh’s actions. 

Moody alleges in her 18-page complaint that the Department of Justice subsequently indicated in a letter that Florida had to suspend its investigation, citing a federal law governing the prosecution of crimes against major public figures, which has a section about federal officials superseding local or state investigations until federal action is terminated. The law also says that federal officials can ask state officials for assistance.

But Moody notes that at the time, when the state investigation launched, federal prosecutors had leveled federal illegal gun possession gun charges against Routh but not the attempted assassination charge, which came roughly a week later and carries a maximum penalty of life in prison.

“In conversations with federal officials and in subsequent correspondence, these officials have stated that Florida may not conduct its own investigation, may not interview witnesses, and may only cooperate with the federal government’s investigation,” Moody wrote.

Once the superseding attempted assassination charges were filed, U.S. Attorney Markenzy Lapointe sent a letter to Moody again asking the state to back down until the federal prosecution has ended. Moody argues in the complaint that the law doesn’t prevent state officials from investigating such crimes and that it’s a violation of the 10th Amendment, which prohibits the federal government from taking a state’s power. She wants a federal judge to make a determination or declare the actions unconstitutional. (Politico)

“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 statement. "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.”