Federal authorities should not oppose Florida’s prosecution of suspect in alleged assassination attempt on Trump

In the latest attempt to assassinate former President Donald Trump this summer, the Biden-Harris Justice Department has swiftly charged Ryan Wesley Routh with federal firearms offenses in a two-count criminal complaint. The charges are related to the attempted murder of a major-party presidential candidate.

While there may be a prosecutorial turf war brewing, the primary concern should be to charge the case as attempted murder due to its severity. The rush by federal authorities to press charges against Routh seems to be driven by a desire to assert control over the case.

Assassination attempts are rare, but ambitious prosecutors are not. Federal prosecutors often seek to handle cases of national importance, but it may not be in the best interest of the case.

Both federal and state authorities have charges they can bring against Routh, but the prosecution should proceed where the most severe charges can be filed—in this case, the state of Florida.

In a similar vein, the Biden-Harris administration should defer to Florida prosecutors, as they have more experience handling charges related to attempted murder with a maximum penalty of life imprisonment.

With the history of special counsels and political considerations, the DOJ should stay out of cases involving Trump-related incidents and defer to state authorities in this instance.

Florida’s legal system provides a clearer path for charging Routh with attempted murder, while federal jurisdiction may be limited based on existing statutes.

While federal law clearly criminalizes attempts to assassinate the president, president-elect, or apparent winners of the presidential election, major-party candidates prior to the election may not fall under federal statutes. This may explain the rush to charge firearms offenses which fall under federal jurisdiction.

However, given the seriousness of the case, Florida’s criminal laws provide a strong foundation for prosecution, and federal prosecutors should consider allowing state authorities to take the lead in this matter.

Andrew C. McCarthy is a former federal prosecutor.