To understand why Routh's actions could be considered attempted assassination under federal law, even though he did not fire his weapon or get physically close to Trump, it's critical to examine the legal definition of attempt.
In criminal law, an "attempt" to commit a crime occurs when a person:
- Has the specific intent to commit that crime, and
- Takes a substantial step toward completing the crime, even if they fail or are prevented from carrying it out.[7][10]
The key elements are criminal intent and taking a substantial step that goes beyond mere preparation.[7][9]
A substantial step is an action that strongly corroborates the person's intent to commit the crime. It must be more than simply making plans, but does not have to be the last act needed before completing the crime.[7][8]
The substantial step shows the person has moved from just thinking about the crime to taking meaningful action toward accomplishing it. Examples include going to the crime location with weapons, positioning oneself to commit the crime, or other actions to enable the offense.[8][11]
According to the indictment, Routh allegedly:
- Wrote a letter months prior expressing clear intent to assassinate Trump and offering a $150,000 bounty to anyone who succeeded[3][13]
- Traveled to Trump's golf course on September 15 with a loaded rifle[2][4]
- Positioned himself in bushes near the course with the rifle for nearly 12 hours[3][10]
- Aimed the rifle toward a Secret Service agent protecting Trump[2][4]
If proven, these actions would likely constitute "substantial steps" under federal law because:
- The letter provides strong evidence of Routh's specific intent to assassinate Trump[3][11]
- Traveling to the golf course with a rifle, getting into a concealed position, and aiming his weapon went well beyond planning[4][8]
- These steps, especially combined with the letter, powerfully show Routh intended to assassinate Trump and was actively trying to do so[7][12]
Importantly, the law does not require Routh to have fired the weapon or reached a certain proximity to Trump. The focus is on intent and substantial steps taken.[6][9]
This legal standard may seem counterintuitive to some. Colloquially, an "attempt" suggests coming very close to achieving the planned action.
However, the legal definition is broader. Rather than focusing on how close the person came to succeeding, it focuses on whether they intended to commit the crime and took substantial actions toward that end.[7][9]
The rationale is to allow intervention and accountability before a criminal completes the act. For very serious offenses like assassination, the law seeks to prevent and punish even failed attempts.[6][12]
The alleged letter stating Routh's assassination plan is crucial evidence to clearly establish intent. Without compelling evidence of intent, it would be harder to prove his golf course actions amounted to attempted assassination rather than just concerning behavior. The letter shows Routh's actions were specifically directed at assassinating Trump.[3][11]
In summary, while Routh did not shoot his gun or reach Trump, his alleged actions could legally amount to attempted assassination under federal law based on:
- His stated intent to assassinate Trump
- The substantial steps taken toward that objective by traveling to Trump's location with a weapon, positioning himself to attack, and aiming his rifle, even without firing[2][4]
Under the relevant statutes, these actions cross the line from mere preparation to active attempt.[7][12] The indictment suggests prosecutors believe they can prove Routh's actions fit the legal definition of attempt. The law casts a wider net around "attempts" to prevent and punish those who move decidedly toward completing the crime, without requiring the suspect to reach the brink of carrying out the offense.[6][9]
Citations:
[1] https://en.wikipedia.org/wiki/Attempted_assassination_of_Donald_Trump_in_Florida
[2] https://storage.courtlistener.com/recap/gov.uscourts.flsd.675704/gov.uscourts.flsd.675704.21.0.pdf
[3] https://en.wikipedia.org/wiki/Ryan_Wesley_Routh
[4] https://en.wikipedia.org/wiki/Trump_International_Golf_Club_shooting
[5] https://en.wikipedia.org/wiki/Ryan_Wesley_Routh
[6] https://en.wikipedia.org/wiki/Attempted_murder
[7] https://www.bbc.com/news/articles/c5y5l9jzjglo
[8] https://en.wikipedia.org/wiki/Attempt
[9] https://www.cbsnews.com/news/trump-assassination-attempt-investigation-ryan-wesley-routh-florida/
[10] https://sgp.fas.org/crs/misc/R42001.pdf
[11] https://www.nbcnews.com/politics/donald-trump/ryan-routh-arrested-trumps-florida-golf-course-charged-attempted-assas-rcna172571
[12] https://www.ce9.uscourts.gov/jury-instructions/node/1065
[13] https://www.mad.uscourts.gov/resources/pattern2003/html/patt2uwk.htm
[14] https://www.post-gazette.com/news/crime-courts/2024/09/24/ryan-wesley-routh-attempted-assassination-charge-trump-golf-course/stories/202409240100
[15] https://www.axios.com/2024/09/24/trump-attempted-assassination-ryan-routh-charged