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Feds should call off their turf-war bid to control Florida Trump-assassination case

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Feds should call off their turf-war bid to control Florida Trump-assassination case


In the second attempted assassination of former President Donald Trump this summer, the Biden-Harris Justice Department has rushed to charge Ryan Wesley Routh in a two-count criminal complaint alleging federal firearms offenses.

These are obviously not the main crimes here: This appears to be a case of attempted murder of a major-party presidential candidate.

Naturally, we have the makings of a prosecutorial turf war.

Attempted murder is a state crime — a very serious one in the state of Florida, where murder is a capital offense. From a public-interest perspective, the case should be charged as attempted murder.

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But it appears that the feds have rushed to lodge federal charges against Routh in hopes of getting the upper hand over their state counterparts.

Assassination attempts are rare; ambitious prosecutors are not. And ambitious federal prosecutors always want to control the criminal cases of great national consequence.

Yet that is not always the best thing for the case.

There is little doubt that both federal and state authorities have charges they can and should bring against the would-be assailant.

In the first instance, prosecution should proceed in the system in which the most straightforward, appropriately severe charges can be brought.

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In this instance, that is the state of Florida.

Moreover, in 2022, Biden-Harris Attorney General Merrick Garland speciously claimed that Trump’s status as a Republican candidate running against the Biden-Harris ticket required appointment of a special counsel — because it was supposedly inappropriate for the DOJ to become embroiled in prosecutions involving the likely Republican nominee.

This was a political calculation. There was no need for a special counsel in DOJ’s investigation of Trump, which had been going on for nearly two years with no special counsel appointment — two years during which Garland failed to appoint a special counsel to investigate Hunter Biden and the Biden family influence-peddling scheme, as to which there was a patent conflict of interest.

Nevertheless, having made this decision, the Biden-Harris administration and its Justice Department should be stuck with it.

Garland claimed DOJ should stay out of Trump-related cases, and that a special counsel was necessary to insulate it from claims of politicized prosecution.

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In light of those representations, then, the department should defer to Florida prosecutors.

More to the point, Florida should have primacy for legal reasons.

Attempted murder is a very straightforward charge in the state, carrying a maximum penalty of life imprisonment.

By contrast, the Justice Department may only charge murder or attempted murder if Congress has provided some jurisdictional basis for doing so.

As I’ve elsewhere elaborated, federal law clearly makes it a crime to attempt to assassinate a president, a president-elect or a presidential candidate who has apparently prevailed in the election (i.e., one who appears to have won the majority of state electoral votes but whose victory has not yet been ratified by Congress).

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But the relevant statute does not cover major party candidates for president prior to the election.

Similarly, federal law provides for murder and attempted murder charges to be brought when the victim is a federal officer or employee, a visiting foreign dignitary, or a member of their families.

But again, those statutes don’t cover candidates for the presidency.

I suspect this is why the feds rushed to charge firearms offenses.

These, undoubtedly, are crimes over which the federal government has jurisdiction, provided that there is evidence that the gun in question has traveled in interstate commerce.

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The feds were quick to point out that the gun allegedly recovered from Routh is not manufactured in Florida, creating the inference of interstate shipment.

That is fine as far as it goes. Criminals who attempt to influence elections by violent means should be hit hard with the full array of federal and state crimes.

But that said, this is an attempted murder case. Florida has the simplest criminal laws for that, and thus the best chance of prevailing at trial on the most fitting charges.

And with the Biden-Harris DOJ’s record of claiming it should not participate directly in cases involving Trump that could influence the election, federal prosecutors should make way for their state counterparts to bring the first case against the would-be assassin.

Andrew C. McCarthy is a former federal prosecutor.

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Florida

How Florida Gators Attack LSU Defense

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How Florida Gators Attack LSU Defense


Both LSU (6-3) and the Florida Gators (4-5) look worse for wear. After each suffered humiliating losses, the two SEC teams must rebound quickly. The game on Saturday means more to Florida. With three games remaining, they need two wins for bowl eligibility.

 A win in The Swamp against a reeling LSU team is critical for the Gators to earn a bowl invite. For the Tigers, while they will make a bowl game, the level they became accustomed to will fall short. With three losses, the Tigers’ college playoff hopes dissipated into Baton Rouge night. 

Now, with so much on the line, how does Florida attack LSU’s defense? 

Feed Baugh

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LSU’s defense crumbles against the run. In fact, they rank 74th in FBS against the run at 150.8 yards-per-game, which screams for a steady number of carries for Jadan Baugh. Now, it’s his time to start taking over and splitting carries is not the way. 

Allowing Baugh to punish the Tigers benefits the offense. With DJ Lagway’s availability up in the air, why not alleviate the stress on the quarterback by force-feeding the running back. LSU tires and you will see arm tackles and lazy attempts that will open creases and daylight. Even using Baugh in a wildcat formation could work. Billy Napier mentioned it during media availability. 

“Look, it’s a wrinkle.  It worked Saturday,” said Napier. “ You know, obviously each week is a little bit different depending on who is available for the game.  We got some of that built. Built some systems for that.  Always available.”

Find Swinton Often

Without a doubt, Bradyn Swinton plays like LSU’s best defender, or at least their most productive. Instead of purposefully veering away from him, Florida needs to run directly at him. First, it shows a fearlessness that also displays confidence in the run game to take anyone on, regardless of stats or hype. 

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Next, it forces anyone else to make the play. This is not your uncle’s LSU defense, stocked with first-round picks. Furthermore, on passing downs, let Swinton through on screens as he will over pursue, allowing the back to build steam while running to daylight.

Air It Out

As mentioned, this is not a typical LSU defense. DBU looks like a boarded-up school on the side of the highway. This incarnation looks active but lacks the ball skills of their predecessors. As a result, letting a vertical route go will not bite the Gators. With all of the speed that Florida can still deploy, let the horses run. Make LSU play full-field defense. It prevents camping and sitting on routes. Fortune favors the bold and the vertical passing game holds the ticket.

Bottom Line

Granted, LSU remains a Top 25 team. Yet, that defense routinely fails to show up when it matters most. Plus, the deflating loss to Alabama could see the team spiral downward. With nothing presumably to play for in regards to a playoff spot, you could see a defensive letdown. 

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Teams fold when a season goal falls through. Florida, with a bowl invite within reach, needs to play the last three games with their hair on fire.



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South Florida weather for Wednesday 11/13/24 11PM

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South Florida weather for Wednesday 11/13/24 11PM


South Florida weather for Wednesday 11/13/24 11PM – CBS Miami

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CBS News Miami’s chief meteorologist Ivan Cabrera’s weather outlook for South Florida.

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Florida officials warn shoppers about holiday scammers and thieves

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Florida officials warn shoppers about holiday scammers and thieves


Florida officials warn shoppers about holiday scammers and thieves – CBS Miami

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CBS News Miami’s Trish Christakis breaks down the important shopping safety tips ahead of the holidays.

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