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The Florida Senate

Minority Office — Press Release


January 8, 2021

CONTACT: Michelle DeMarco, 850.487.5833

Senate Democratic Leader Gary Farmer Seeks Criminal Investigation Into Whether President Trump Violated State Criminal Anarchy, Treason Statutes

Tallahassee —

In a letter sent Friday to Florida Attorney General Ashley Moody, Senate Democratic Leader Gary Farmer (D-Lighthouse Point) requested that a criminal investigation be launched by her office into whether President Donald Trump committed crimes against the state by issuing his call to arms to his mob of supporters, inciting them to storm the nation’s Capitol. 

The violations, all second degree felonies, can be found in Chapter 876 of Florida Statutes. 

“Through his organization of and participation in this week’s insurrection, Donald Trump advocated for the sabotaging and hindering of Vice President Pence and Congress’ ability to carry out the laws of our nation as set forth by the U.S. Constitution and federal statutes. This perfectly fits the definition of criminal anarchy as established by 876.02 Florida Statutes,” wrote Leader Farmer.

“Furthermore, Donald Trump’s aid to and advocacy for the efforts to disrupt and prevent the Vice President and Congress from fulfilling their constitutional mandate established a crisis that put our nation’s constitutional form of government at risk. As such, Donald Trump fits the definition of a “subversive person” as established by 876.22 Florida Statutes.

“Additionally, as Donald Trump played a critically necessary role in the incitement of the insurrectionist mob that threatened our nation, and as both Donald Trump and other members of the seditious band are residents of the state of Florida, Donald Trump’s actions fit the definition of ‘inciting insurrection’ as established by 876.36 Florida Statutes.”

By all accounts, the catalyst for the seditious attack on lawmakers earlier this week were remarks by the President in which he called on the thousands of protestors who had come to Washington to affirm their support of his presidency, to march to the Capitol to disrupt the scheduled electoral vote certifying Joe Biden as winner of the 2020 presidential election. Upon their arrival, an angry mob began a violent assault on the Capitol, forcing the evacuation of the Vice President and the temporary abandonment of the certification process. As a result of the destruction that ended later that day, five lives would be lost, including one Capitol Police officer.

“As the Attorney General of our state it is your sworn duty to hold Florida’s criminals accountable. This duty still exists in regard to the criminal acts perpetrated by Donald Trump,” wrote Leader Farmer.  

“Given the severity of Donald Trump’s criminal actions, and the grave threat that they posed to the existence of our nation’s government and its adherence to the Constitution, you are compelled both by your oath and commitment to the people of Florida to fully investigate the potential criminal actions laid out above.”