‘Florida sues to vindicate its sovereign interest to investigate violations of state law,’ Ashley Moody said in her complaint.
The state of Florida is suing the U.S. Department of Justice (DOJ) for attempting to block its independent investigation into the assassination attempt on former President Donald Trump in West Palm Beach.
Florida’s Attorney General Ashley Moody filed a complaint against U.S. Attorney General Merrick Garland in the Southern District Court of Florida on Oct. 23, arguing the actions taken by the federal government are a violation of the 10th Amendment, and pose a “genuine threat” to Florida’s ability to investigate state law violations.
“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,” Moody writes in her complaint.
“Florida sues to vindicate its sovereign interest to investigate violations of state law, as delay may impact the outcome of any prosecution,” she wrote.
Moody’s complaint states the DOJ began impeding Florida’s investigation only a few days after Florida’s Gov. Ron DeSantis signed the Sept. 17 executive order announcing the statewide investigation.
FBI Special Agent in Charge Jeffre Veltri and other federal officials cited 18 U.S.C. § 351 (f), which states, “If Federal investigative or prosecutive jurisdiction is asserted for a violation of this section, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated.”
Moody sent a letter to U.S. Attorney Markenzy Lapointe and FBI Director Christopher Wray for clarification on the DOJ’s intentions to invoke that legislation on Sept. 23.
Attempted assassination of a major presidential candidate is one of those violations covered by that federal law, but the charge was not added by federal prosecutors until Sept. 24.
Moody received a response from Lapointe on Sept. 30, saying the federal indictment adding the attempted assassination charge “resolves any potential uncertainty” about whether or not the legislation applies to the investigation.
By T.J. Muscaro
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