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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

New Year's drone show in Central Park canceled after Florida disaster

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New Year's drone show in Central Park canceled after Florida disaster


CENTRAL PARK (WABC) — A New Year’s Eve drone show in Central Park has been canceled, according to the New York Road Runners.

Not because of the local drone scares, but rather because it was being produced by the same vendor who was blamed for a disaster at a drone show in Florida.

Several drones that were part of a show in Orlando collided on Saturday night. A boy was hit and hospitalized.

NYRR had hired the company for a display in the park as part of a midnight race.

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“As always, we are working to ensure that runners have a memorable time as they ring in 2025 at our festive NYRR Midnight Run on New Year’s Eve in Central Park. Unfortunately, due to circumstances out of our control, we will no longer be staging our planned drone show during the race,” the NYRR said in a statement.

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Florida-bred Shivaree Rekindles Not-So-Distant Memories – FTBOA

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Florida-bred Shivaree Rekindles Not-So-Distant Memories – FTBOA


BY TAMPA BAY DOWNS PRESS OFFICE 

OLDSMAR, FL—Florida-bred Shivaree’s best days on the track are behind him. But at the start of each day, owner-trainer Juan Arriagada senses the 7-year-old gelding’s passion and desire and enthusiasm for being a racehorse remain intact.

“If you saw him on the walker, you would never know he’s about to turn eight,” Arriagada said. “He looks like a 3-year-old in the morning. Around the barn everyone calls him ‘Abuelo’ [grandfather], but he’s a very kind horse with a great attitude.”

Shivaree, who won Saturday’s fifth race with leading Oldsmar jockey Samuel Marin aboard, has won four stakes, including back-to-back editions of the Florida Thoroughbred Breeders’ and Owners’ Association Florida Sire Stakes Marion County in 2020 and 2021 at Tampa Bay Downs. As a 3-year-old in 2020, he finished second in the Grade 1 Curlin Florida Derby and the Grade 3 Swale, both at Gulfstream Park.

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The chestnut son of Awesome of Course out of Garter Belt, by Anasheed has career earnings of $606,766. He was bred in Florida by Jacks or Better Farm Inc.



Arriagada, who claimed him for $8,000 out of a starter optional claiming race on Aug. 29 at Delaware Park, has run him three times at the current meet, each time in claiming company.

But just because he is offering him for sale doesn’t mean he hasn’t become attached to the gallant and giving athlete.

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“Everybody likes him. My wife [Alison] likes to gallop him and the groom loves being around him,” Arriagada said. “I just have to be careful not to train him too hard. He’s an easy-maintenance, classy old horse who is pretty sound for his age and cool to be around.

“The way he is, I think a young girl who is into jumping or showing would love to have him. So I’d like to see if we can win a couple more times with him here at Tampa and then try to find him a new home. He’s not the horse he used to be, but he has a lot of class and he deserves a chance [at another career].”

His first two races at the current meet resulted in fifth and fourth-place finishes at sprint distances and Arriagada thinks stretching him out to a mile-and-40-yards Saturday was the key to his front-running, three-and-three-quarters-length victory.

“I think he wants to go longer. He broke sharp today and kept going, and when [Marin] hit him at the quarter-pole, he made a strong move.”

Perhaps most tellingly, you didn’t have to be a horseman to know that Shivaree was feeling proud of himself in the winner’s circle and while Arriagada hosed him off before the walk back to the barn. In that sense, Abuelo still has it.

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Return to the December 26 issue of Wire to Wire



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Only in South Florida 2024: Run-ins with the law and a million-dollar fine – WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale

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Only in South Florida 2024: Run-ins with the law and a million-dollar fine – WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale


(WSVN) – If we told you this all happened in one area, you might say no way. Sued by a police officer who tripped on your property? Fined a million dollars by the city? All of it, and more, happened in South Florida, and it’s why we bring in Help Me Howard with Patrick Fraser.

Only in South Florida can you get out of the car to help your daughter unload her luggage and be breaking the law.

Matthew Zifroney: “Popped the trunk, I took one of her bags out, walked it over to the curbside, dropped the bag off.”

When Matthew walked back to his car at Fort Lauderdale-Hollywood International Airport, he was met by a Broward Sheriff’s Office deputy.

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Matthew Zifroney: “And the officer said, ‘Why didn’t you respond to me when I was screaming out, who owns this car?’ And I said, ‘I’m real sorry, I didn’t hear you, I was 10 feet away, helping my daughter.’”

Ten feet away from his car, but the officer said he abandoned the vehicle.

Matthew Zifroney: “He said, ‘Ticket em,’ and I said, ‘Ticket me? Because I didn’t hear you call out for me?’ And he goes, ‘Yep, you’re being ticketed.’”

Matthew is an attorney and decided to fight the ticket. He told his side. The hearing officer’s conclusion?

Matthew Zifroney: “And she said, ‘Thank you. I’m confirming the ticket.’ And I said, ‘You’re confirming the ticket? I didn’t do anything wrong.’ ‘Sir, I’m confirming the ticket.’”

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As we watched the hearings again and again, we saw people who got citations for unloading luggage at the curb. Listen to the hearing officer’s conclusion.

Woman: “I was taking my mother’s suitcase out of the car, back of the car and dragging it to the curb.”

Hearing officer: “You cannot leave the vehicle, even by one foot, to take it inside. OK?”

One foot out of the car, even though an ordinance does allow “loading or unloading of passengers or luggage.”

Howard’s conclusion?

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Howard Finkelstein, 7News legal expert: “The code seems to indicate that the officers and hearing officers are wrong and misinterpreting the code, because you have a right to take passengers and the luggage to the curb.”

Last week, I emailed the hearing officer. She didn’t respond.

BSO said they only ticket abandoned cars, but Matthew said he was 10 feet from his car when he got the violation for abandoning the vehicle.

Matthew Zifroney: “A lot of people out there that are going to do what I did, that are doing nothing wrong, and they’re going to get tickets. I’m hoping that by me speaking out, we put a stop to that.”

We will see, Matthew. And from the “Only in South Florida,” meet Richard, who unfortunately has a problem with a Miami Police officer.

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Richard Garcia: “My daughter said he just fell and went to the ground next to the pool table.”

The Garcias had called 911. Police and fire rescue responded. In their house, they have a pool table in a room you step into.

The officer, Miguel Angel Mercado, said he hurt his wrist when he fell on the floor.

Richard Garcia: “No, it didn’t look serious, it didn’t look serious. I mean, he was fine. He was doing everything else.”

But the officer is suing the Garcia family for over $100,000. Howard says he will lose, because the sunken living room is easy to see, but the court battle is the real pain to Richard.

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Richard Garcia: “I felt kind of betrayed. I mean, you call rescue in the City of Miami to come to your house, and they turn around and they sue you because they weren’t paying attention?”

Speaking of feeling betrayed, Denny can sympathize.

Denny Dorcey: “It’s like having a bomb dropped on me. I just couldn’t believe it.”

Denny lives in Oakland Park and was notified the city was fining him $1,097,400 for violations that occurred before he bought his house.

Denny Dorcey: “Petty things like overgrown weeds, trashing the carport.”

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The city waited 10 years to notify Denny about the prior owners’ violations, allowing the fines to grow $1 million-plus.

Denny Dorcey: “Devastating, wiped out. I felt like I was dead, but I was still alive.”

We contacted the city, pointed out that since Denny bought the house in foreclosure, that wiped out the lien and the fines.

The city agreed, and the $1 million penalty was eliminated.

Denny Dorcey: “Without you guys, they would have destroyed my life completely. There’s no doubt in my mind.”

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Denny can restore cars, cabinets, you name it. We restored his faith in people.

Denny Dorcey: “Thank God. Thanks to you — Howard, Channel 7 News and Help Me Howard, man. You guys are like my guardian angels.”

Thank you, Denny, but I think the only person who called us holy was looking at our jeans.

Since Denny’s story aired, we have heard from more people in Oakland who said they got letters claiming they owed enormous sums of money for old violations. It’s not going to be a merry Christmas for a lot of Oakland Park homeowners.

Dealing with some bad luggage? Need somebody to police things for you? Don’t sue. Contact us. We don’t have a million ways to help you, but we only need one.

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With this Help Me Howard, I’m Patrick Fraser, 7News.

CONTACT HELP ME HOWARD:
Email: helpmehoward@wsvn.com
Reporter: Patrick Fraser at pfraser@wsvn.com
Miami-Dade: 305-953-WSVN
Broward: 954-761-WSVN

Copyright 2024 Sunbeam Television Corp. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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