Gary Farmer wants state investigation into whether Donald Trump incited ‘insurrection’

farmer, gary3
Farmer is asking Attorney General Ashley Moody to look into the claims.

Senate Democratic Leader Gary Farmer wants state officials to investigate whether Donald Trump is guilty of “inciting insurrection” after Wednesday’s Capitol riot.

Farmer argues that because Trump is now a Florida resident, his decision to urge protesters to gather in Washington could open him up to violations of Florida law.

“Through his organization of and participation in this week’s insurrection, Donald Trump advocated for the sabotaging and hindering of Vice President [Mike] Pence and Congress’ ability to carry out the laws of our nation as set forth by the U.S. Constitution and federal statutes,” Farmer wrote in a letter to Attorney General Ashley Moody.

Trump repeatedly lied about the election being stolen from him before calling for a “wild” rally on Wednesday. While speaking at the rally, Trump urged supporters to march to the Capitol. Once there, a portion of the crowd stormed the Capital, breaching and defacing the building while temporarily halting the Electoral College vote count.

While Trump did not explicitly call for violence or trespassing, Farmer argues Trump’s words could open him up to Florida’s criminal anarchy statute, which makes it  up to a second degree felony for anyone who “advocates, advises, or teaches the duty, necessity, or propriety of overthrowing or overturning existing forms of constitutional government by force or violence; of disobeying or sabotaging or hindering the carrying out of the laws.”

Farmer argued additional portions of the Florida criminal code, for instance asking Moody to investigate whether Trump is guilty of “inciting insurrection.

“Donald Trump played a critically necessary role in the incitement of the insurrectionist mob that threatened our nation,” Farmer wrote.

While Trump is President, he’s likely shielded from such an investigation. But with Trump’s first term wrapping this month, he could potentially be open to criminal liability where charges are warranted. Farmer, the Democrats’ leader in the Senate, argues in his letter to Moody that’s exactly the case here.

“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 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.”

Ryan Nicol

Ryan Nicol covers news out of South Florida for Florida Politics. Ryan is a native Floridian who attended undergrad at Nova Southeastern University before moving on to law school at Florida State. After graduating with a law degree he moved into the news industry, working in TV News as a writer and producer, along with some freelance writing work. If you'd like to contact him, send an email to [email protected].


  • Sol Silberstein

    January 8, 2021 at 5:56 pm

    …a little late to the party, Gary.

  • Larry Gillis, Cape Coral

    January 8, 2021 at 6:41 pm


    Trump is punishable in Florida for acts that took place totally somewhere else? Je ne think so pas.

    Try again, Gary. Bonne chance.

    Larry Gillis, Libertarian

  • Sonja Fitch

    January 8, 2021 at 8:53 pm

    Because of Trumps stupidity hope Palm Beach County tells him to get out of maralargo as per his contract! Which begs the question is he really a resident of Florida? Me thinks no. Arrest him for voter fraud !

  • R. Swanson

    January 8, 2021 at 9:24 pm

    Beautifully written, Sonja, as usual. Capitalization, punctuation–you hit it all, once again.

    It’s time for you to go to bed. Tomorrow is another day. And so is the day after that.

  • Palmer Tom

    January 9, 2021 at 6:17 pm

    This is not a state issue. Democrats are sometimes cats watching the wrong mouse holes. There are plenty of Florida issues that merit more attention. Preparing for the 2022 elections should be at the top of that list.

  • Jeff

    January 16, 2021 at 7:59 pm

    This Idiot politician is a clown who needs to be recalled immediately
    for violating his oath.

Comments are closed.


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