'Surprised' Florida AG sues Merrick Garland to 'vindicate' state's 'sovereign interest' in investigating [View all]

[BumRushDaShow]

Source: Law & Crime

Oct 24th, 2024, 11:24 am


After Florida’s 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/

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Full headline: ‘Surprised’ Florida AG sues Merrick Garland to ‘vindicate’ state’s ‘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 -

accused the feds of a “breathtaking intrusion on state sovereignty”

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?

Article VI


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" )