'Surprised' Florida AG sues Merrick Garland to 'vindicate' state's 'sovereign interest' in investigating
Source: Law & Crime
Oct 24th, 2024, 11:24 am
After Floridas attorney general told the federal government in a letter last month that she was surprised by a move to sideline a state probe of the second suspected attempted assassination of former President Donald Trump, the Sunshine State has filed a lawsuit against U.S. Attorney General Merrick Garland to vindicate its sovereign interest in separately investigating Ryan Routh as ordered by Gov. Ron DeSantis (R).
The lawsuit, filed by AG Ashley Moody (R) in Fort Pierce but this time not assigned to U.S. District Judge Aileen Cannon, claims that the feds are violating the Tenth Amendment of the Constitution by invoking 18 U.S. Code § 351(f). The statute states that if Federal investigative or prosecutive jurisdiction is asserted in cases of attempted assassinations of major presidential candidates, then 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.
The filing shows that Moody wrote a letter to FBI Director Christopher Wray and U.S. Attorney for the Southern District of Florida Markenzy Lapointe, claiming that she was surprised to see the government citing § 351(f) before Routh had even been charged with attempted assassination.
The letter, attached as an exhibit to the lawsuit, accused the feds of a breathtaking intrusion on state sovereignty and a grave mistake in seeking to frustrate a state investigation.
Read more: https://lawandcrime.com/high-profile/surprised-florida-ag-sues-merrick-garland-to-vindicate-states-sovereign-interest-in-investigating-attempted-trump-assassination-suspect-while-federal-case-is-ongoing/
Full headline: Surprised Florida AG sues Merrick Garland to vindicate states sovereign interest in investigating attempted Trump assassination suspect while federal case is ongoing
Link to SUIT (PDF) - https://s3.documentcloud.org/documents/25249455/moody-suit.pdf
This part -
Does that apply to loons like Ken Paxton doing a "breathtaking intrusion on state sovereignty" when he uses the resources of his state, to sue other states because he doesn't like their laws?
All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution;
(snip)
https://www.law.cornell.edu/constitution/articlevi
( "Supremacy Clause" )
ScratchCat
(2,444 posts)First, Moody is the presumptive GOP nominee for Governor in 2026.
Second, this is just another publicity stunt and diversion to the laws the DeSantis administration is blatantly violating.
Thirdly,
Who comes up with this nonsense? A court would have to rule 351(f) to be unconstitutional which is laughable because of the Supremacy Clause. Who on earth would argue with a straight face that a State can independently engage in a dual investigation of a Federal Crime? So, if Ron DeSantis "ordered" a separate investigation of Trump's retention of classified documents and subsequent obstruction of justice, the State then has the power to do so? Right.
Ray Bruns
(4,621 posts)Aileen Canon comes to mind.
BumRushDaShow
(142,815 posts)and her idol - that dumbass man from Pin Point, GA.
Bev54
(11,917 posts)Cirsium
(883 posts)600,000 young men died to settle this question about the supposed sovereign interests of the states.
Sovereign: "having the highest power or being completely independent." Neither applies to the "Sundown State."
Linda ladeewolf
(421 posts)Im beginning to think we need to abolish states rights. This is either going to be one nation with liberty and justice for all, or a lot of little princedoms where people can coerce small numbers to obey them and a bunch of little made of laws.
soldierant
(7,911 posts)knows a whole lot more about DOJ's responsibilities than i do.
https://joycevance.substack.com/p/is-doj-doing-enough-to-protect-the
GB_RN
(3,170 posts)Is White Supremacy.
Fuck em all with a rusty wire pipe brush.