The suspect in the assassination attempt against former President Donald Trump has so far only been charged with firearms-related offenses, but former federal prosecutors say he could face tougher charges.
Police said Ryan Routh was arrested Sunday after a Secret Service agent saw him pointing a rifle over a fence at the Trump International Golf Club, where the Republican presidential candidate was playing on the green near a hole behind Routh’s venue. By Monday, Routh had been criminally charged with unlawful possession of a firearm as a felon and possessing a firearm with an obliterated serial number.
The two firearms charges, which together carry a maximum sentence of 20 years in prison, are less severe than the “attempted assassination” that Attorney General Merrick Garland has said the FBI is investigating. Florida Governor Ron DeSantis said at a press conference on Tuesday that he wants state prosecutors to charge Routh with attempted murder under state law because the federal charges are too shallow.
“I think it’s really important, not just for Floridians but for our country, that we pursue the most severe charges under existing law to hold this man accountable,” said DeSantis, a Republican. “A couple of firearms charges is not going to be enough.”
But there is in fact a federal law that makes it a crime to attempt to assassinate a major presidential candidate, and several former federal prosecutors have said the Justice Department would likely consider it. The charge carries a maximum sentence of life in prison.
Because prosecutors lack the legal authority to hold suspects for long periods without charge, they tend to start investigations with the charges that are easiest to prosecute.
“When you have someone like Mr. Routh who poses a threat to public safety and to a presidential candidate, you want to neutralize that threat, so you go after him and lock him up no matter how minor the issue,” former Justice Department counterterrorism prosecutor Stephen Ward told USA Today. The Justice Department is “clearly considering more serious charges,” Ward said.
Routh’s lawyer did not respond to a request for comment.
Routh has now been charged with a criminal offense and does not need prosecutors to convince a grand jury to indict him, but he cannot be convicted unless he is first indicted by a grand jury indictment.
The Justice Department declined to comment. DeSantis’ office did not respond to a request for comment.
Routh proves “attempt” even though he didn’t shoot
A key question for federal prosecutors seeking to bring charges of attempted assassination of the presidential candidate will be whether they can gather evidence to prove that Routh’s actions amounted to an attempt to assassinate Trump, even if he did not pull the trigger.
Matthew Schneider, a former federal prosecutor in Michigan, told USA Today that he expects prosecutors will be able to build a case based on what is known so far.
“So it wasn’t for no reason that he was in the woods on the golf course with this rifle and this scope,” Schneider said. “Jurors are instructed to use their common sense. This is standard jury instruction. And common sense tells us that’s what was happening.”
Police are continuing to investigate, but have said evidence and testimony already indicates that Routh waited for 12 hours, pointed a gun at Trump over a fence when he was about a hall behind, shot him and then quickly fled the scene. Routh also has a history of making inflammatory political statements online.
Former Manhattan U.S. Attorney and New York State District Attorney Mimi Roca said on the CAFE Insider podcast that the issue is whether the defendant presented enough evidence to prove that an attempted murder occurred.
“In my office we often call it, ‘How far away was the defendant from the ‘explosion’?'” she said.
In that case, Roca said he would look into whether Routh told anyone about his plans to kill Trump and the extent of the preparations.
“If his only option was to wait until Trump showed up and then open fire, he could be prosecuted,” she said.
But Roca added that past rulings have suggested a significant hurdle must be meted out to prove an attempted attack, and prosecutors may be hesitant to bring charges if Routh did not actually support or attack Trump.
Other charges Routh could face
The attempted assassination of a major political candidate is not the only additional federal charge Routh could face.
Ward pointed to the possibility of a charge where the attempted murder of a former federal employee was intended as retaliation for the way that person conducted their official duties. That charge, which carries a maximum sentence of 20 years in prison, could be brought on the theory that Trump was retaliated against for the way he conducted his official duties as president.
Schneider said that if Routh had pointed the gun at the Secret Service agent, he could also be charged with attempted murder of a U.S. military officer in the line of duty, which also carries a maximum sentence of 20 years in prison.
“I think it depends on the testimony of one or more Secret Service agents,” former Manhattan U.S. Attorney Preet Bharara said on the Cafe Insider podcast. “Did it appear as if the perpetrator was lining up to target one of the agents?”
Federal prosecutors may also consider charging Routh with providing material support to terrorism, a charge that explicitly states could be applied to attempts to assassinate presidential candidates, which carries a maximum sentence of 15 years in prison.
Ward said the basis for this potential charge was that Routh may have offered himself and his shooting skills to assist in the assassination attempt.
Jeffrey Breinholt, a lecturer at George Washington University Law School who worked on counterterrorism at the Justice Department for 25 years, told USA Today he believes terrorism charges are likely.
“In terrorism cases, we typically charge suspects with less than everything we know about their actions if it will have the effect of keeping them in custody,” he said. That way, prosecutors have the advantage of speaking with suspects after their arrest, and the ultimate charges can be “based on everything they say.”
FBI Special Agent Jeffrey B. Veltri said at a press conference Monday that agents had attempted to question Routh, but he asserted his right to an attorney. Law enforcement officials have interviewed several witnesses to Sunday’s incident and are reviewing Routh’s online presence as well as questioning family and friends.
In addition to these potential charges, federal prosecutors could seek enhanced sentences based on circumstances, Schneider said. Possession of a firearm in furtherance of a crime of violence could result in an increased sentence.
“Trying to kill a presidential candidate is a violent crime,” he said.
Why the huge federal charges could thwart DeSantis’ plans
Governor DeSantis announced an executive order at a press conference on Tuesday directing prosecutors across the state to ensure that prosecutions are pursued for all violations of state law.
Governor DeSantis said the federal government does not have the authority to prosecute attempted murder charges. The Florida governor may not have been aware of federal law that makes it a crime to attempt to assassinate a major presidential candidate.
Like the attempted murder charge in Florida, the federal sentence for attempting to assassinate a presidential candidate could be life in prison.
If federal authorities bring the charges, they could undermine DeSantis’ plans to seize control of the most serious possible crimes: A federal law conspiring to kill a leading presidential candidate bars states from acting while a federal investigation or prosecution is ongoing.
Ward said he had “no doubt” the provision was intended to give the federal government exclusive power to investigate and prosecute attempted murder cases of presidential candidates, but he was unsure how the provision would be enforced.
“If Mr. Routh is charged with attempted murder in Florida, I believe the defense will drop the charges,” he said.
