On Wednesday, October 23, the Attorney General of Florida filed a lawsuit against the U.S. Department of Justice, accusing it of obstructing the state’s investigation into the attempted assassination of former President Trump on September 15, in violation of the Tenth Amendment of the Constitution.
Attorney General Ashley Moody submitted the lawsuit against Attorney General Merrick Garland to the federal court, claiming that the FBI sent a letter to Florida instructing them to halt their investigation citing federal laws governing prosecutions against prominent public figures. One provision (18 U.S. Code § 351(f)) allows federal officials to take precedence over state investigations when it involves a federal aspect.
Moody argued in the 18-page lawsuit that the law did not prohibit state officials from investigating such crimes, which she claimed was a violation of the Tenth Amendment prohibiting the federal government from usurping state powers. She is seeking a ruling from a federal judge.
She emphasized that if the state government waits for the federal government’s investigation, evidence could disappear, memories could fade, and Florida would not be able to compel federal cooperation in their prosecution. Moody stated that “every day Florida is prevented from investigating, the case becomes harder to prosecute.”
Moody also noted that when the state government initiated the investigation into the “attempted assassination,” federal prosecutors only brought federal charges of “illegally possessing a firearm” against the suspect, not charges related to the attempted assassination, which were filed approximately a week later.
After presenting the charges of “attempted assassination,” federal prosecutor Markenzy Lapointe from the southern district of Florida requested that the state government withdraw its investigation until the federal prosecution concludes.
Moody wrote, “In conversations with federal officials and subsequent communications, these officials indicated that Florida cannot conduct its own investigation, cannot interview witnesses, and must only cooperate with the federal government’s investigation.”
On September 15, Secret Service agents discovered a man outside the Trump International Golf Club in West Palm Beach, Florida, squatting in bushes with an AK-47 rifle equipped with a scope pointed in the direction of Trump. The man was identified as Ryan Wesley Routh, who was intercepted and arrested during his escape.
On the day of the incident, Governor Ron DeSantis announced an investigation into the attempted assassination and issued an executive order on September 17, directing relevant state officials to launch an investigation under Moody’s supervision, bringing state-level charges against Routh.
A spokesperson for the Department of Justice declined to comment on a request from Politico.
Attorney General Garland, in a statement on the second day of the incident, pledged to utilize “all available resources” to investigate this apparent attempted assassination.