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BumRushDaShow

(140,282 posts)
Thu Oct 24, 2024, 02:13 PM 2 hrs ago

'Surprised' Florida AG sues Merrick Garland to 'vindicate' state's 'sovereign interest' in investigating

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/



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" )
7 replies = new reply since forum marked as read
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'Surprised' Florida AG sues Merrick Garland to 'vindicate' state's 'sovereign interest' in investigating (Original Post) BumRushDaShow 2 hrs ago OP
A few things ScratchCat 1 hr ago #1
"Who on earth would argue with straight face that a State can independently engage in a dual investigation of a Federal Ray Bruns 1 hr ago #3
"Aileen Canon comes to mind." BumRushDaShow 1 hr ago #5
LOL she filed in Ft Pierce hoping to get Cannon as the judge, she didn't Bev54 1 hr ago #2
600,000 died Cirsium 1 hr ago #4
States rights Linda ladeewolf 1 hr ago #6
Joyce Vance (a former DOJ prosecutor) soldierant 1 hr ago #7

ScratchCat

(2,363 posts)
1. A few things
Thu Oct 24, 2024, 02:29 PM
1 hr ago

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,

claims that the feds are violating the Tenth Amendment of the Constitution by invoking 18 U.S. Code § 351(f).


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

(4,492 posts)
3. "Who on earth would argue with straight face that a State can independently engage in a dual investigation of a Federal
Thu Oct 24, 2024, 02:37 PM
1 hr ago

Aileen Canon comes to mind.

Cirsium

(526 posts)
4. 600,000 died
Thu Oct 24, 2024, 02:51 PM
1 hr ago

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

(283 posts)
6. States rights
Thu Oct 24, 2024, 03:05 PM
1 hr ago

I’m 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.

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