Florida is suing the Department of Justice for attempting to block the state’s independent investigation of the attempt on Donald Trump’s life at his West Palm Beach golf course.
Florida’s Attorney General Ashley Moody filed a complaint against US Attorney General Merrick Garland in the Southern District Court of Florida on Wednesday.
Moody argues the federal government is violating the 10th Amendment, and that its actions pose a “genuine threat” to Florida’s ability to investigate not only the assassination attempt, but also other state law violations.
“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,” the complain states.
“Florida sues to vindicate its sovereign interest to investigate violations of state law, as delay may impact the outcome of any prosecution.”
The complaint states the DOJ began obstructing Florida’s investigation just days after Governor Ron DeSantis signed an executive order, on 17 September, announcing the investigation.
The FBI cited 18 U.S.C. § 351 (f) to justify its actions. The 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.”
A back and forth between Moody, US Attorney Markenzy Lapointe and FBI Director Christopher Wray resulted in no clarification of how, why or to what extent the FBI intended to invoke the legislation.
Then federal prosecutors requested an indefinite delay in the scheduling of Routh’s trial, citing the large amount of evidence needed to be reviewed by the prosecutors. That request was not granted, but the trial has been pushed back to February 2025. This has delayed Florida’s investigation, because as the state is not allowed to interview witnesses or execute warrants or subpoenas until the federal investigation and prosecution are concluded.
“Every day that Florida is prevented from investigating, the State’s case becomes harder to prove at trial,” Moody said.
“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.”
In her complaint, Moody argues the DOJ’s interpretation of the law violates the 10th Amendment’s anticommandeering rule by attempting to dictate the actions of state officials.
Moody has also stated her serious concerns about bias against the former president within the DoJ, and that she believes a dual federal and state investigation is most suitable option.
“The State of Florida has been clear that a dual-track investigation would be in the best interest of all parties involved,” Moody later said in a press 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.