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Florida sues DOJ over blockade in Trump assassination probe

LEGAL NEWSLINE

Thursday, November 21, 2024

Florida sues DOJ over blockade in Trump assassination probe

State AG
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Attorney General Ashley Moody | Office of Attorney General Ashley Moody

Attorney General Ashley Moody has filed a lawsuit against the U.S. Department of Justice (DOJ) in federal court. The suit challenges the DOJ's efforts to block Florida's investigation into the second attempted assassination of President Donald Trump and related state crimes.

According to Attorney General Moody, "The State of Florida has been clear that a dual-track investigation would be in the best interest of all parties involved." She expressed concerns about federal agencies solely handling the matter while they are also investigating and prosecuting 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," Moody added.

Governor Ron DeSantis supported this move by signing Executive Order Number 24-197. This order directs state law enforcement agencies, including the Florida Department of Law Enforcement (FDLE) and Florida Highway Patrol, to collaborate with relevant partners and Attorney General Moody’s Office for investigating both the assassination attempt and other related state-law crimes.

The complaint highlights how states often conduct parallel investigations alongside federal inquiries when it comes to violations of state law. Despite this common practice, DOJ reportedly sought to hinder Florida's investigation soon after it was announced. FDLE agents were denied access to crime scenes and evidence during a conversation with FBI Special Agent Jeffrey Veltri, who cited a federal statute—18 U.S.C. § 351(f)—that allegedly suspends state jurisdiction when federal authorities assert control over certain violations.

Further discussions between DOJ officials suggested that § 351(f) prevents Florida from even interviewing witnesses. In response, Attorney General Moody reached out to U.S. Attorney Markenzy Lapointe and FBI Director Christopher Wray for clarification on whether DOJ intended to formally invoke § 351(f). Shortly thereafter, an indictment was filed adding an attempted assassination charge against a major presidential candidate.

U.S. Attorney Lapointe responded that this indictment clarified any doubts regarding the applicability of 18 USC 351(f), implying that Florida should not proceed with its investigation until after the federal case concludes.

Moody’s lawsuit argues that DOJ misinterprets § 351(f), suggesting if their interpretation stands, it could unconstitutionally infringe on state powers. The legal action seeks to prevent U.S. Attorney General Merrick Garland from obstructing Florida’s investigation so that state laws may be enforced appropriately.

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