HARVARD LAW-EDUCATED ATTORNEY Ron DeSantis needs to brush up on his legal research, according to former federal prosecutors and longtime defense lawyers.
On Tuesday, the Florida governor touted his decision to launch a parallel probe into the attempted assassination of former president Donald Trump by insisting that the feds lacked the capacity to pursue attempted murder charges against the suspect who allegedly tried to kill the former president at his West Palm Beach golf course.
DeSantis explained that the feds didn’t have jurisdiction to seek the most serious charge.
“If you look at the federal statute, it applies to current federal officials,” DeSantis said at a press conference in which he made similar statements and insinuations at least eight times. “So right then and there, we have the ability to pursue potentially life in prison under state law.”
But DeSantis was citing the wrong federal law, federal defense lawyers and former prosecutors told The Bulwark. Under 18 U.S. Code § 351, it is a federal crime to kill or attempt to kill “a major Presidential or Vice Presidential candidate.” And under another statute, 18 U.S. Code § 115, it is a federal crime to attempt to murder “any person who formerly served” as president.
Marcos Jiménez, a Republican and former U.S. attorney who once led the South Florida office that’s now prosecuting Routh, said the DOJ’s guidelines concerning assassination attempts could essentially preempt state prosecutors if the feds charge Routh with attempting to kill a “major presidential” candidate. Under section 351, Routh could face a life sentence, the same penalty DeSantis said he wants.
Jiménez accused the governor of trying to score headlines and political points by taking the extraordinary step of opening a parallel state investigation into what’s “clearly” a federal case.
“This governor likes to stick his nose into federal matters (recall he sent state law enforcement to ‘secure the southern border’) for political purposes,” Jiménez said. “He probably wants to feed off the conspiracy theories that the Secret Service is trying to get Trump killed. Unfortunately, the recent incidents have given an opening to those who want to use law enforcement for political purposes. In my view, that is an abuse and perversion of authority.”
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