Politics

Ron DeSantis’ political maneuvering on Trump suspect could have legal consequences

Published

2 years ago

November 12, 2024

Ron DeSantis’ political maneuvering on Trump suspect could have legal consequences

Florida Gov. Ron DeSantis issued an executive order Tuesday directing state authorities to investigate Sunday’s apparent assassination attempt on former President Donald Trump. The governor downplayed the federal charges brought Monday against suspect Ryan Routhsaying, “To say you’re going to do a couple gun charges, that is not going to be sufficient to do it.”

Routh has been charged in federal court with two gun possession counts. But as I noted at the time, those aren’t necessarily the final word on his federal charges. Those charges might have just been the simplest that federal prosecutors in Florida could bring while the government investigates in advance of potentially bringing more serious charges later.

Yet DeSantis implied that the feds have not been doing everything they could — or that whatever they could do isn’t enough. The governor’s remarks cast doubt on the federal effort generally, suggesting it would be more appropriate for state authorities to take the lead.

Of course, it’s not unusual for both state and federal law enforcement to investigate potential crimes that could be charged in their respective courts. And double jeopardy rules don’t bar the same conduct from being charged at both levels.

But it could be counterproductive for DeSantis to create a wedge between the state and the feds if the goal is to bring the strongest possible case against Routh. To the extent that state and federal authorities don’t fully cooperate with one another, that could be inefficient at the investigative stage. It could also create potential issues at any eventual trial(s) if they aren’t on the same page and each side isn’t fully aware of evidence that the other has — or if their separate evidence is at all contradictory. Relatedly, neither state nor federal prosecutors should want a situation where one or the other is rushing to be first to bring the most serious charges.

And while DeSantis suggested that more serious crimes like attempted murder couldn’t be brought federally, that’s not necessarily so. Indeed, it wouldn’t be surprising if more serious charges are brought as the case proceeds in federal court while Routh remains in custody.

To be sure, attempted murder charges could face challenges at either the state or federal level, which may be why Routh wasn’t immediately charged with such a crime federally. That Routh apparently didn’t fire any shots before allegedly fleeing the scene would not prevent him from being charged with attempted murder. For example, Nicholas Roske, who’s charged with attempting to assassinate Supreme Court Justice Brett Kavanaugh, didn’t fire a weapon, though statements he allegedly made to law enforcement admitting his intentions may have made it easier to charge him quickly.

When it comes to the charge of attempted murder, the legal question is whether the defendant took a “substantial step” toward committing the crime, as opposed to “mere preparation.” Routh allegedly was lying in wait with a rifle at Trump’s golf course, so prosecutors may be able to prove an attempt. Prosecutors may be considering whether they have enough evidence to make that argument — or they may already feel confident that they can bring such a case, but given that Routh isn’t going anywhere while he’s being held on the gun charges, they feel they can take the time to collect evidence to build the case.

Whatever comes of the charges against Routh, any discrepancies that result from different law enforcement investigations moving forward could wind up working to his benefit in the end.

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Jordan Rubin

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.

Politics

‘We are winning elections’: Bernie Sanders on Democrats’ progressive wing

Published

20 hours ago

September 6, 2026

Blue Light Newsroom

‘We are winning elections’: Bernie Sanders on Democrats’ progressive wing

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Politics

Trump wants the Postal Service to radically overhaul mail voting. But ballots are already going out.

Published

3 days ago

September 4, 2026

Blue Light Newsroom

President Donald Trump’s controversial demands for the Postal Service to overhaul and monitor millions of mail ballots hit another snag on Friday, when North Carolina became the first state in the nation to start sending out ballots for the November election.

In March, Trump signed the initial executive order, which aimed to crack down on mail-in voting — which he regularly alleges without evidence is a vector for widespread voter fraud — and assert an unprecedented amount of federal control over the upcoming elections.

Under this order and the subsequent rule drafted by the U.S. Postal Service, the USPS would refuse to deliver ballots to states that failed to provide lists of eligible mail voters or did not adhere to an approved envelope design style.

Since then, the order has faced legal challenges, and it remains paused by a federal judge’s orders. But the Trump administration has asked the Supreme Court to allow the new rule to proceed — something current and former election officials from both parties say would be both a legal nightmare that oversteps the federal government’s traditional role in elections and a logistical one that is happening far too close to the November election to implement even if they agreed with it.

“Why the hell are you rocking the boat this late in the game?” said Stephen Richer, a former Republican recorder of Maricopa County, Arizona, who has clashed with Trump allies for defending the security of the 2020 election.

Still, election officials are trying to project a sense of normalcy for voters, particularly in North Carolina, which serves as a test of whether established local election systems can operate normally amid intensifying federal scrutiny.

“I want to emphasize this point because there has been a lot of outside noise: Our county workers are ready,” Sam Hayes, a longtime Republican lawyer in the state and now executive director of the North Carolina State Board of Elections, said in a Thursday afternoon press conference.

He added, “All we can do is what we’re doing. … It is business as usual as far as I’m concerned.”

Despite the legal challenges, the Trump administration has continued to press the courts to let it proceed. The Trump administration asked the Supreme Court on Thursday to lift an order from a Massachusetts judge which temporarily prevents the USPS from enforcing their rule. It is the second time the Trump administration has asked the Supreme Court to step in, after winning an earlier victory in which the high court dismissed an earlier hold on the rule as premature.

“The uncertainty is coming from a single activist judge who continues to try and obstruct President Trump from implementing commonsense measures to protect the security of mail-in ballots and ensure only Americans vote in American elections,” White House spokesperson Lauren Bis said in a statement. “These safeguards for mail ballots were proposed months ago giving election officials ample time to prepare for the 2026 election.”

The USPS did not immediately respond to requests for comment.

Election officials said that if the rule goes into effect this close to November, it would cause chaos and place added strain on the USPS and election officials. And an anonymous federal whistleblower said in a report circulated earlier this week by Sen. Richard Blumenthal (D-Conn.) that the USPS was moving forward in a “secretive, rushed, chaotic, and fundamentally flawed process” to try to implement the new system ahead of the midterms.

In the coming weeks, states across the country will follow North Carolina’s lead. Nine other states will begin mailing ballots in the next two weeks, according to a tracker from the National Conference of State Legislatures — with the biggest day for mailing coming 45 days before the election in mid-September.

“It would be so outrageous to try to let this go into effect. It’s hard to even imagine,” said Ben Hovland, a senior fellow for democracy at the progressive think tank Center for American Progress and former Democratic commissioner with the Election Assistance Commission who was fired by Trump in July.

He added, “It would be a break-glass moment for our democracy.”

The rule would require meticulous changes to ballot handling and tracking practices that Hovland said are impossible to implement before Election Day in about two months, effectively disenfranchising millions of voters.

“Ballots are printed. Envelopes are printed. You can go on and on with all the practical reasons that show that implementing something like this at this time is not feasible,” he said.

Richer said he doubted the new rules would bring about more security. Even if the USPS received lists from the states, according to the postal service’s final rule, it would not do any additional vetting of the list, Richer said.

“It’s just that the mail ballots have to be on that list, and I don’t see what added value for election integrity that does,” he said.

He added, “It creates a lot of administrative burden, and I think it creates a lot more opportunity for error.”

While a decision looms in the courts, election officials and experts cast doubt on the likelihood of the rules going into effect before November. A more pressing issue, they said, is the confusion and uncertainty surrounding mail-in ballots, which could subvert and change the behaviors of voters.

“It makes things seem messy or difficult, and it can dissuade people from participating or coming out to vote,” Hovland said. “It certainly also helps establish a pretext to make bad faith claims about election results.”

Hovland said that while none of these claims of voter fraud are backed up with facts, they could cause Americans to lose faith in the voting process.

Still, some current officials contended they were well-prepared for whatever happens — and that they’d be able to communicate effectively with voters who have become increasingly buffeted by dramatic rhetoric about the once-unmentioned nuts and bolts of actually running an election.

“There’s always a lot of noise around elections, that’s not going to change, and it can be hard to differentiate that from what’s actually going on on the ground,” said Jason Tyson, director of external affairs for the North Carolina State Board of Elections.

As Election Day approaches, Tyson and election officials said they urge voters to check their registration status and make a plan to vote.

He added, “I think we’ve got a really well-trained, solid staff who are ready, and who have gone through all of the checks and balances and points of contact that we need to do to get to where we are.”

Politics

Missouri Supreme Court pauses GOP gerrymander, likely netting Democrats 1 House seat

Published

3 days ago

September 3, 2026

Blue Light Newsroom

Missouri’s Supreme Court suspended a congressional map that state Republicans drew last year that would have netted the GOP an additional House seat, likely keeping the seat in Democratic hands this November.

The court ruled unanimously on Thursday that a referendum petition organized by Democrats to put the new congressional maps to a vote was incorrectly deemed insufficient by Republican Secretary of State Denny Hoskins, and ordered that the gerrymandered map be put to a vote in the fall.

Voters will ultimately decide the fate of the new lines in November. But in the meantime, it cannot be in place for the midterms, meaning Rep. Emanuel Cleaver’s original Kansas City-based district will likely stay in Democrats’ hands this fall.