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

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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.

Subscribe to theDeadline: Legal Newsletterfor updates and expert analysis on the top legal stories. The newsletter will return to its regular weekly schedule when the Supreme Court’s next term kicks off in October.

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.

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Poll: Republicans’ gas price problem is even worse than it seems

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Gas prices are high. Americans think they’re even higher.

Three in five Americans believe gas prices in their area have risen by more than they actually have, according to an analysis of new results from The Blue Light News Poll. It’s those perceptions that candidates will be running against this fall.

Voters’ anxieties about fuel prices could give Democrats a boost ahead of the midterms, further strengthening the Democratic voting base and putting strains on the MAGA coalition as the increasingly unpopular war in Iran drags on. A plurality of Americans — 46 percent — say the change in gas prices will impact how they plan to vote come November.

Most voters overestimated the change in gas prices in their area, according to the analysis of polling and granular pricing data provided by OPIS, a Dow Jones company that tracks gas prices. That includes majorities of voters who supported President Donald Trump and also those who supported former Vice President Kamala Harris.

Roughly one in four Americans say gas in their local area has risen by $3.00 or more. But no zip code has actually seen that degree of change on average in the year and a half since Trump took office, as of early July.

Frustrations over cost of living could be reinforcing existing negative views of the Trump administration: Harris voters are far more likely to overshoot the cost jumps than Trump voters, making it harder for Republicans to peel off Democratic voters.

And the analysis shows a fracture among Trump voters. Self-identified MAGA Republicans were more likely to underestimate cost increases than non-MAGA Republicans — another crack in the president’s winning coalition as Republicans scramble to hold it together for the midterms.

“It is a particularly tough dance that many Republican candidates will have to endure for the next three months,” said Arizona GOP strategist Barrett Marson. “How do you feel the pain of your voters without feeling the wrath of Donald Trump?”

What’s more, American’s perceptions do not quickly change even when prices do. The Blue Light News Poll asked about gas prices in both May, when they were near their peak, and July, when they had dipped.

The results were the same in both.

“President Trump and his energy team anticipated these temporary market disruptions, communicated them openly to the American people, and implemented an aggressive plan to mitigate any impacts,” said White House spokesperson Taylor Rogers. “As the U.S. military degrades the terrorist Iranian regime’s ability to attack commercial vessels and disrupt the free flow of energy through the Strait of Hormuz, oil and gas prices will plummet back to pre-conflict levels.”

Gas prices could swing votes

Americans’ frustrations with prices and the economy overall are changing how they say they will vote in the fall.

Of the 46 percent of Americans who said gas prices will have an impact on their vote, just under 40 percent said they are considering voting for a different party than they normally would, including 49 percent of MAGA Republicans and 57 percent of non-MAGA Republicans.

“Three quarters of the country is confronting higher gas prices and feeling it,” said longtime Democratic strategist Jesse Ferguson. “That leaves them … very vulnerable to the economic pain and very vulnerable to the economic argument the Democrats are going to make.”

To better understand public perception of gas prices, The Blue Light News Poll asked Americans how the price of gas in their area had changed since Trump took office. Respondents could choose between buckets like “$1 to $2 higher per gallon,” “$1 to $2 lower per gallon,” or say prices had stayed roughly the same.

More than three-fourths said gas prices in their area have gone up.

Using OPIS data, Blue Light News compared each respondent’s answer against the actual average cost of regular gas in their zip code during the first week Trump was in office and the week prior to the July poll, which was conducted by the independent polling organization Public First from July 12 to July 15.

That comparison revealed the difference between the pain the American public is feeling and where actual gas prices stand — and, in particular, how that pain is expressed differently among Democrats and Republicans. Roughly 70 percent of Harris voters and 54 percent of Trump voters overestimated the increase in gas prices in their area, according to Blue Light News’s analysis.

“Democrats are highly motivated,” as a voting base, Marson said. “The longer the war goes on, probably the less motivated Republicans will be.”

The perception of higher gas prices is linked to how people see the economy — and who they blame for it.

Across the country, 57 percent of Americans say the cost of living is worse than they “can ever remember it being.” Those who overestimate gas price increases had more than twice the odds of agreeing with that statement, even after controlling for demographics and their 2024 vote.

Similarly, a plurality of Americans — 43 percent — blame Trump more than former President Joe Biden for the state of the economy overall. Those who overestimated their local increase in gas prices had nearly twice the odds of saying the same, compared with those who perceived the change in gas prices correctly or who underestimated the change.

It’s already affecting the battlegrounds

In the country’s most competitive races, Republicans will have to answer for the perceived cost pressures of rising gas prices more often than Democrats.

Thirteen of the most competitive districts have experienced gas price increases higher than the national average, according to Blue Light News’s analysis. Of those, nine are currently represented by Republicans.

In California’s 22nd District, where Republican incumbent Rep. David Valadao will face off against progressive political newcomer Randy Villegas, average prices across the district had gone up $1.17 by early July — the third highest increase of any district, according to Blue Light News’s analysis.

Villegas said in an interview that he thought frustration over gas prices would mobilize turnout in the fall, driven by how the cost of gas is “tied to every other thing.”

“It’s the cost of gas when you’re driving to the grocery store, when you’re driving to, you know, see a doctor,” he said. Or, the cost of gas when driving 7 to 8 hours away to “go get cheaper health care.”

Valadao did not respond to requests for comment.

In Colorado’s 8th District, where gas prices have risen by $0.73 on average since Trump took office, Republican incumbent Rep. Gabe Evans blamed local Democratic policies for increased costs more than the Iran war.

While “what’s happening halfway around the globe has some impact on global energy prices,” Evans said, high gas prices in the district are “a direct result of the local economic policies — the anti-energy policies — of the state Democrats who run the state of Colorado.”

But The Blue Light News Poll results from this month show voters don’t necessarily feel the same. Roughly 63 percent of Americans selected “the war with Iran” as the primary reason why gas prices have increased since Trump took office, including 59 percent of Trump voters and 70 percent of Harris voters.

By the middle of May, the average price of gas across the country reached its highest point of the Trump administration to date: $4.50 per gallon, according to the U.S. Energy Information Administration. In July, average prices dipped to $3.78 per gallon, the lowest average price since March.

Still, in both months, more than 75 percent of Americans said gas prices had gone up, Blue Light News’s polls show. And in both months, roughly 23 percent said prices had gone up by $3.00 or more.

This week, Trump said the upcoming midterms would not impact how he goes about fighting the war with Iran. “I can’t think about that having to do with this,” he said, referring to the elections. “I think people are very impressed.”

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Capitol agenda: House GOP budget faces Senate reality check

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Capitol agenda: House GOP budget faces Senate reality check

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Senate Commerce pushes AI markup plan to August

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