(The Center Square) – Florida has sued U.S. Attorney General Merrick Garland for blocking a state investigation into the second assassination of former President Donald Trump that occurred in Florida.
Florida Attorney General Ashley Moody sued Garland in U.S. District Court Southern District of Florida Fort Pierce Division.
Florida argues the Department of Justice and Federal Bureau of Investigations have violated the Declaratory Judgment Act and the Tenth Amendment. The lawsuit asks the court to enable Florida to conduct its own investigation without federal interference.
Roughly two months after the first assassination attempt against Trump in July, a second attempt was made on Sept. 15 outside of the Trump International Golf Club in West Palm Beach, Florida.
Immediately afterwards, Gov. Ron DeSantis said Florida would launch its own investigation. He issued an executive order directing the Florida Department of Law Enforcement and Florida Highway Patrol to work with the OAG’s Office of Statewide Prosecution to ensure appropriate state charges are brought. The charges may include “attempted murder, fleeing and eluding, and charges related to … unlawful possession of firearms,” according to the complaint.
In response, under the DOJ’s direction, an FBI special agent verbally directed state law enforcement officers to suspend their investigation, citing federal code, 18 U.S.C. § 351(f). In a phone call, he argued the federal government can temporarily “suspend the exercise of jurisdiction by a State or local authority” when it asserts jurisdiction over an assassination attempt of a major presidential candidate.
“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,” Florida’s lawsuit states.
Moody argues the federal code “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, as delay may impact the outcome of any prosecution,” the brief states.
The federal directive was issued even though at the time only firearms related charges had been brought, not attempted assassination under § 351.
Moody told the FBI that a verbal directive was insufficient to invoke the authority and pointed out that an attempted assassination charge hadn’t been made. One week later, the charge was brought and the FBI responded saying her argument was moot. The federal government then asked the trial court assigned to the state’s criminal case to remove it from the trial calendar until further notice, the brief states.
Florida disagrees, arguing the DOJ’s position violates the Tenth Amendment, which states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Florida’s lawsuit also points out that the Supreme Court has interpreted the Tenth Amendment “to impose an anti-commandeering rule,” arguing, “The Federal Government’ may not ‘command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.’”
The Supremacy Clause of the U.S. Constitution does not apply in this case, Florida also argues, and the federal government is illegally interfering in its criminal investigation.
“The mere fact that the State may not carry out its right to investigate violations of its own laws is a sovereign injury sufficient to trigger Article III jurisdiction. But the State’s concrete injuries go beyond that harm to its sovereignty,” Florida’s lawsuit argues.
Prohibiting Florida officials from interviewing witnesses or executing search warrants or subpoenas “is significant. Evidence disappears, memories fade, and the State has no way to force the federal government to cooperate in the State’s prosecution,” the brief states.
“Every day that Florida is prevented from investigating, the State’s case becomes harder to prove at trial. 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.”
“The State of Florida has been clear that a dual-track investigation would be in the best interest of all parties involved,” Moody said. “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.”
DeSantis called for the investigation as members of Florida’s congressional delegation, including military veterans, continue to demand answers, The Center Square reported.
