Defence counsel Christie Militero said “intention is the most important issue” for the court and ju judge to decide in Rous’ case.
Fort Pierce, Fla. — A federal judge said last year he would allow limited testing of firearms recovered in a shooting plot against President Donald Trump, but would be limited to simply determining whether the gun is operable.
On April 15, at a pre-examination hearing for Ryan Rouse, a man accused of attempting to assassinate Trump at a golf club in West Palm Beach, Florida on September 15, 2024, approved District Judge Aileen Cannon’s request for defense teams to test firearms.
However, Cannon said it will be limited to assessing whether the gun can fire a round. And it’s not whether it could hit the target from the location of Ruth’s tree line before it allegedly saw it escape from Trump International Golf Club.
Defence counsel Christie Militero said “intention is the most important issue” for the court and ju judge to decide in Rous’ case.
She argued that if Rous knew he had “no chance” or that it was very unlikely that the gun would hit a target from where it was accused of being on the day of the incident.
“Impossible denys intention,” Militerro said.
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Maria Medetis, a Justice Department lawyer, opposed the test, saying it was “not a serious request.”
She suggested that the “dryfire” of a gun, which involves firing it without a live round, would be the “safeest and most tedious way to test a weapon.
Medetis said Militello was trying to make a “factually impossible” defense, which argues that the crime was not committed due to circumstances that rendered action physically impossible.
“Time will (and) affect firearms,” Medetis said. It is difficult for agents to replicate the gun performance on the day of the incident, as it was recovered and stored more than six months ago.
Cannon reminded Militaria that because of federal law, “virtually impossible” claims are not permitted when defending lawsuits from attempted assassination.
The judge refused to test the gun range’s ability. This is because defendants could be accused of attempted murder even if the suspected weapon fails to achieve their target.
Militarro countered that if the gun does not work, it could be argued that it would not be used for the purposes allegedly filed in Lous’s indictment.
Furthermore, she said that Routh knew the weapon was very inaccurate and could not make a shot and deny allegations that he was going to shoot Trump.
“Because intent is a material component of crime,” Militero said, he believes gun operational testing is necessary.
Cannon remains skeptical that Militaria could possibly appeal to “de facto impossibility” and agreed to allow limited testing of firearm maneuverability.
The SKS-style 7.62×39 caliber rifle with scope, and the gun with its serial number disappeared, was retrieved by the agent, along with several other items that Routh allegedly escaped.
Medetis said the government had a veteran sniper expert with extensive combat experience with SKS-style rifles who testified about the maneuverability including range in September, including range.
She agreed to the usability test, but said the government should find the right facilities and agents to help transfer the arms.
The topic was not raised at Tuesday’s hearing.
Rouse is said to have camped for 12 hours outside Trump’s West Palm Beach Golf Course before agents saw the rifle projectile through the fence.
The agent fired in the direction of the suspect and fled.
Authorities arrested Rouse in a nearby county, saying they refused to fire rounds or watch Trump.
Rachel Assenas contributed to this report.
