Q&A of the Day – Can the State of Florida Investigate the Secret Service?
Each day I feature a listener question sent by one of these methods.
Email: brianmudd@iheartmedia.com
Social: @brianmuddradio
iHeartRadio: Use the Talkback feature – the microphone button on our station’s page in the iHeart app.
Today’s Entry: Due to the multiple layers of willful incompetence, can the State of FL open an investigation into the Secret Service and their involvement (whether intentional or not) in the attempted murder of Donald Trump?
Bottom Line: Trump assassination attempt related questions have continued to roll in this week as Governor DeSantis recently announced that the federal authorities weren’t “being cooperative” with the state’s investigation into the second assassination attempt at Trump International in West Palm Beach. This question is among the most compelling because it’s not only in reference to the assassination attempt but also about the dividing lines under the law. But before diving into the cans and cants of what state agencies can pursue... We did have a significant development in the federal investigation on Tuesday.
Attempted Trump assassin Ryan Routh, who’d previously been booked on two federal gun charges, following his assassination attempt of former President Donald Trump, at Trump International in West Palm Beach, has been charged by federal authorities with the Attempted Assassination of a Major Presidential Candidate. The upgraded charge was part of a new five-count indictment that came as investigators determined that Routh had executed a methodical and intentional plan to attempt to assassinate the former president and current Republican nominee. The additional charges, specifically the attempted assassination charge, address one of the key concerns by many, that potentially the feds may undercharge the assassination attempt. That is not the case. Now this doesn’t mean that the state shouldn’t continue to investigate and to pursue charges too. They absolutely should. Any violations of state law can also be charged even if they overlap with what’s been federally charged. Doing so increases the likelihood of Routh spending the maximum amount of time behind bars, potentially, and perhaps likely given his age, for the rest of his life. But to the crux of today’s question, could the state expand their investigation into the Secret Service if they chose to? The answer is potentially both yes, and no.
Questions about the dividing lines between federal and state agencies and officials aren’t new...they’re about as old as the republic. It was in 1890 that the United States Supreme Court sought to settle the disputes and the dividing lines once and for all in what became known as The Neagle Case. In this case David Neagle, a federal marshal, was assigned to the protection detail for Supreme Court Justice Stephen Field. While in California, a man who’d repeatedly made violent threats towards Justice Field, and who was already on Neagle’s radar, walked up to the Supreme Court justice and hit him. He then reached into his pocket. At that point Neagle shot and killed the man. It turned out that the man was unarmed and the sheriff’s office in California arrested Neagle and charged him with murder.
The United States Supreme Court ruled in favor of Neagle, ordering that the charges be dropped and the marshal released. The Supremacy Clause in the Constitution was cited as the determining factor for the ruling. The case not only set legal precedent, but also established two specific questions that must be addressed when questions about legal dividing lines arise. (1) Was the officer performing an act that federal law authorized him to perform? (2) Were his actions necessary and proper to fulfilling his federal duties? Just as Neagle acted in an official manner to protect Justice Field, thus immunizing him from local prosecution, those are the two legal questions/standards that apply today. So, here’s how that comes together in addressing today’s question.
State and local law enforcement agencies aren’t subordinate to the FBI, or any federal authorities. If there is a violation of a state or local law, those agencies are able to investigate the potential violations and may pursue charges regardless of who the offenders happen to be. An offender could theoretically be a Secret Service Agent. If a state or local law enforcement agency were to attempt to pursue charges against this theoretical agent, what they would need to prove is that the agent wasn’t performing an act under federal law. So, in direct answer to your question, it is possible for individual accountability with federal officials at the state and local level, however it’s not possible for the state of Florida to attempt to hold the Secret Service, as a federal agency, accountable. The Supremacy Clause in the Constitution would negate any effort for punitive findings by the state.
There have often been questions about who holds federal agencies accountable if there’s a perceived injustice. The Department of Justice is the answer from a law enforcement perspective. The Government Accountability Office is tasked with responsibilities from the perspective of Congress. Ultimately, it’s up to voters to choose a president who puts the people in place who oversee these agencies.