Florida says Justice Department is blocking its Trump assassination investigation (1)

The Justice Department is unlawfully forcing Florida out of its investigation into a recent assassination attempt against Donald Trump, Florida said in a lawsuit Wednesday.

Florida Attorney General Ashley Moody filed a complaint against the U.S. Attorney General in federal court in Florida Merrick Garland Ask a judge to stop the federal government from obstructing the Florida investigation while the DOJ also investigates the incident.

After Governor Ron DeSantis (R) ordered Florida law enforcement to investigate and prosecute a gunman who shot the former president in Florida. FBI officials indicated that Florida had to stop its investigation, the lawsuit says. Justice Department officials told Florida that it could not interview witnesses and could only cooperate with the federal investigation, the complaint said.

The FBI and Justice Department said federal law, 18 USC§ 351(f), requires a state to suspend its jurisdiction over the assassination of a presidential candidate if the federal government asserts jurisdiction over such a case, Florida’s complaint says. The law regulates the prosecution of attempted political murders.

“Because Section 351(f) does not prohibit such conduct, and because it would violate the Tenth Amendment if it went that far, Florida is suing to enforce its sovereign interest in investigating violations of state law,” it says of the complaint.

The Tenth Amendment prohibits the federal government from “commanding” the states in this way, Florida argues.

Florida requests a declaration that Sec. 351(f) does not prohibit the investigation or that the law, as applied herein, is unconstitutional. Florida is also seeking an injunction prohibiting the DOJ from impeding the state investigation.

Ryan Routh was charged in a Sept. 24 federal indictment with attempted murder of a major presidential candidate after he was found hiding in the bushes at Trump’s golf course in Florida.

A DOJ spokesman did not immediately respond to requests for comment.

The case is Florida v. Garland, SD Fla., No. 2:24-cv-14348, appeal filed 10/23/24.