Attorney General Ashley Moody is stepping in to defend a Florida state law aimed at providing relief to victims of terrorism. The law, signed by Governor Ron DeSantis earlier this year, allows for civil remedies for individuals injured by acts of terrorism. The case in question involves plaintiffs Carlos Marrón and his wife Maria Marrón, who were awarded a final default judgment of $153 million against defendant Venezuelan President Nicolas Maduro and other parties.
The plaintiffs are now seeking a declaration that claimant Samark Jose López Bello is an agency or instrumentality of one of the defendants, Tareck El Aissami. However, López Bello has filed a motion claiming that the new state law is unconstitutional. Attorney General Moody is opposing this motion, arguing that the law is indeed constitutional and does not violate due process or the Supremacy Clause.
In response to López Bello's claim, Attorney General Moody stated, "Terrorist organizations, including cartels who create terror to further their illicit trade, have only become more emboldened under President Biden. So much so that his administration previously revoked terrorist designations for FARC, a defendant in this case with ties to cartels in Venezuela and who help traffic massive amounts of deadly drugs into the U.S. Here in Florida, we fight for those victimized by these terror groups, and work to hold criminals accountable."
The U.S. District Court for the Southern District of Florida had previously awarded the Marróns a final default judgment of $153 million. In a separate criminal indictment, one defendant, Tarek El Aissami, was charged with conspiring to evade sanctions, while claimant López Bello was charged with aiding El Aissami. López Bello is now a fugitive.
López Bello argues that Florida's new law violates the Due Process clause and the First Amendment. However, Attorney General Moody counters this claim, stating that the central issue of the civil case is directly related to the criminal case motivating López Bello's evasion of the jurisdiction of the United States.
Regarding the claimant's assertion that the new law violates the Seventh Amendment, Attorney General Moody argues that the remedy sought by the plaintiffs falls under a mandatory injunction, where the Seventh Amendment does not apply.
Finally, Attorney General Moody rebuts the claim that Florida's law violates the Supremacy Clause. The response points out that compliance with both the Terrorism Risk Insurance Act (TRIA) and Florida's law is possible, as claimants do not allege that it would be physically impossible to comply with both.
In conclusion, Attorney General Ashley Moody is intervening in a federal court case to defend Florida's law protecting victims of terrorism. The response in opposition to a motion claiming the law is unconstitutional highlights the importance of holding terrorists and their accomplices accountable for their actions.
To learn more, click on this link: https://www.myfloridalegal.com/newsrelease/attorney-general-moody-intervenes-federal-case-defend-florida-law-protecting-victims