The individual accused of attempting to assassinate former President Donald Trump only faces gun-related charges at this time, but former federal prosecutors indicate that more serious charges could be forthcoming.

On Sunday, Ryan Routh was arrested after a Secret Service agent spotted him with a rifle through the fence at the Trump International Golf Club, where Trump was playing nearby. By the following day, Routh faced criminal charges for illegally possessing a firearm as a felon and for having a gun with a defaced serial number.

Although these gun charges carry a combined maximum sentence of 20 years, they do not reflect the severity of the “apparent assassination attempt” that U.S. Attorney General Merrick Garland stated the FBI is investigating. Florida’s Governor Ron DeSantis expressed his desire for a statewide prosecutor to pursue attempted murder charges against Routh, arguing that the federal charges are inadequate.

“It’s crucial for both Florida and our nation to pursue the most serious charges to hold this individual accountable,” DeSantis, a Republican, stated. “Simply applying a few gun charges is not enough.”

Interestingly, there is a federal law that addresses assassination attempts against significant presidential candidates, and several former federal prosecutors suggest that the Justice Department might be exploring that option. This particular charge could result in a life sentence.

Legally, suspects cannot be detained for extended periods without formal charges, which motivates prosecutors to start with the simplest charges possible to ensure they can hold the suspect.

“In cases like this, where Mr. Routh poses a risk to public safety and a presidential candidate, the priority is to detain him on any available charges,” said Steven Ward, a former terrorism prosecutor with the Justice Department. He noted that the Justice Department is “clearly considering” a more serious charge.

Routh’s legal representatives did not reply to requests for comments.

Currently, Routh faces charges via a criminal complaint, which allows prosecutors to charge him without having to secure a grand jury indictment immediately. However, a conviction will only be possible if he is later indicted by a grand jury.

No comments were provided by the Justice Department or DeSantis’ office in response to inquiries.

Challenges of Evidence for ‘Attempt’

A major issue for federal prosecutors seeking to file charges related to the attempted assassination of the presidential candidate is proving that Routh’s actions can be classified as an attempt on Trump’s life, especially since he did not actually shoot.

Matthew Schneider, a former U.S. attorney in Michigan, told YSL News that he believes prosecutors can successfully build that case based on the available information.

“He certainly wasn’t hiding in the woods at the golf course with a rifle and scope for no reason,” Schneider remarked. “Jurors are instructed to apply common sense, and that points to the real intent behind his actions,” he explained.

Although law enforcement is still conducting the investigation, reports indicate that Routh waited for about 12 hours, aimed a gun through the fence while Trump was just one hole away, and quickly left the scene after having been fired upon. Routh has a history of making provocative political comments online.

Mimi Rocah, a former federal prosecutor in Manhattan, stated on the CAFE Insider podcast that determining whether Routh’s actions amounted to an attempt will hinge on the extent of his preparatory actions.

“We used to ask ourselves, ‘How close was he to taking action?'” she noted.

In this case, Rocah mentioned investigating whether Routh had communicated any intent to kill Trump and how prepared he was for the act.

“If he merely needed to wait for Trump to appear and then take his shot, a prosecution could happen,” she suggested. On the other hand, she noted that prior court decisions have set a high standard for proving attempts, and if Routh did not take careful aim or shoot at Trump, this might complicate the case for prosecutors.

Potential Charges Against Routh

The attempted assassination of a high-profile political figure is not the only serious federal charge Routh may confront.

Ward noted that Routh could also face charges for attempting to murder a former federal officer for reasons linked to that officer’s official acts. This charge, which carries a maximum penalty of 20 years in prison, could be alleged since it seems that Trump was targeted for his actions while in office.

If Routh aimed his weapon at a Secret Service agent, Schneider mentioned he might face charges for attempting to kill a U.S. officer on duty, which similarly has a maximum sentence of 20 years.

“It will rely heavily on what one or more Secret Service agents testify,” said Preet Bharara, a former U.S. attorney from Manhattan, during a discussion on the Cafe Insider podcast. “Was it evident that the assailant was targeting one of the agents?”

Additionally, federal prosecutors might be looking into charging Routh with supplying material support for terrorism, a law that expressly includes attempted assassinations of significant presidential candidates, punishable by a maximum of 15 years in prison.

The rationale behind that potential charge, Ward explained, is that Routh may have utilized his skills to facilitate the assassination attempt.

According to Jeffrey Breinholt, a law instructor at George Washington University and former counterterrorism official at the Justice Department, he believes a terrorism charge is plausible.

“In terrorism cases, the goal is often to charge defendants with something less severe initially if it helps keep them in custody,” he stated. This strategy allows prosecutors to gather more information from suspects post-arrest, which could influence the final charges brought against them.

FBI Special Agent Jeffrey B. Veltri announced in a news briefing on Monday that Routh invoked his right to an attorney when agents sought to interrogate him. Law enforcement is currently interviewing witnesses from the incident and analyzing Routh’s online activities, along with discussing the events with his relatives and friends.

In addition to these potential charges, federal prosecutors could look for increased penalties based on the specifics of the case. Schneider pointed out that there is a possible sentencing enhancement for using a firearm in connection to a violent crime.

“Attempting to kill a presidential candidate qualifies as a violent crime,” he added.

How Serious Charges Could Affect DeSantis’ Strategy

During a press event on Tuesday, DeSantis announced an order establishing a state-level prosecution office to ensure that all breaches of state law are prosecuted.

DeSantis claimed that the federal government lacks the authority to charge someone with attempted murder. He may not have been aware of the federal law that criminalizes attempts on the lives of significant presidential candidates.

The potential federal penalty for trying to assassinate a major presidential candidate is life imprisonment, similar to the state charge for attempted murder.

If federal authorities issue that charge, it could complicate DeSantis’ efforts to take charge of the investigation into the most severe allegations against Routh. The federal law regarding assassination attempts on major presidential candidates would prevent state authorities from acting while a federal investigation or prosecution is ongoing.

Ward expressed certainty that this provision grants exclusive jurisdiction to the federal government for investigating and prosecuting the attempted assassination of prominent presidential candidates, though he questioned how the provision would be enforced.

“I suspect that if Florida charges Routh with attempted murder, the defense would likely seek to dismiss the case,” he remarked.