- COURT: S.D. Fla.
- TRACK DOCKET: No. 2:24-cv-14348 (Bloomberg Law subscription)
The Department of Justice is unlawfully pushing Florida out of investigating a recent assassination attempt against Donald Trump, Florida said in a lawsuit Wednesday.
Florida Attorney General Ashley Moody filed a complaintin a Florida federal court against US Attorney General
After Gov.
The FBI and Department of Justice said federal law, 18 U.S.C.§ 351(f), requires a state to suspend its jurisdiction over the assassination of a presidential candidate when the federal government asserts jurisdiction over such a case, Florida’s complaint says. The statute governs prosecutions for political assassination attempts.
“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,” the complaint says.
The Tenth Amendment bars the federal government from “commandeering” the states in this manner, Florida argues.
Florida is seeking a declaration that Sec. 351(f) doesn’t prohibit its investigation or that, as applied here, the statute is unconstitutional. Florida’s also seeking an injunction barring DOJ from preventing the state’s probe.
Ryan Routh was charged with attempted assassination of a major presidential candidate in a Sept. 24 federal indictment after he was found hiding in the bushes at Trump’s Florida golf course.
A DOJ spokesperson declined to comment.
Judge
The case is Florida v. Garland, S.D. Fla., No. 2:24-cv-14348, complaint filed 10/23/24.
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