FORT PIERCE, Fla.—A federal judge said she would allow a limited test on a firearm recovered in an alleged shooting plot against President Donald Trump last year, although it would be confined to simply determining if the gun was operable.
In an April 15 pre-trial hearing for Ryan Routh—the man accused of trying to assassinate Trump at his golf club in West Palm Beach, Florida, on Sept. 15, 2024—U.S. District Judge Aileen Cannon approved the defense team’s request to test the firearm.
However, Cannon said the testing would be limited to assessing whether the gun is capable of firing a round, and not whether it could hit a target from the tree line location Routh was allegedly camping out at before he was allegedly seen fleeing Trump International Golf Club.
Defense attorney Kristy Militello said that “intent is the paramount issue” for the court and jury to decide in Routh’s case.
She argued that if Routh knew “there was no chance”—or that it was very unlikely for the gun to hit a target from where he is accused of being on the day of the incident—it would suggest he did not intend to shoot Trump.
“Impossibility negates intent,” Militello said.
Maria Medetis, an attorney for the Department of Justice, objected to the test and said it was “not a serious request.”
She suggested that a “dry-fire” of the gun, which involves firing it without a live round, would be the “safest, least onerous way” to test the weapon.
Medetis said Militello was trying to make a “factual impossibility” defense, which argues a crime could not have been committed due to a circumstance rendering the action physically impossible.
“The passage of time [also] has an impact on the firearm,” Medetis said, since it was recovered and stored more than six months ago, making it difficult for agents to recreate the gun’s performance on the day of the incident.
Cannon reminded Militello that, due to federal law, appeals of “factual impossibility” are not permissible in defending Routh against attempted assassination charges.
The judge declined to test the gun’s range capabilities, as a defendant can still be accused of attempted murder even if the suspected weapon was incapable of hitting its target.
Militello retorted that if the gun does not work, it could be argued that it was not going to be used for the purposes alleged in Routh’s indictment.
Additionally, if Routh knew the weapon was so inaccurate that it could not make a shot, that could negate the allegation that he intended to shoot Trump, she said.
“Because intent is a material element of the crime,” we believe the gun operability test is necessary, Militello said.
Cannon, still skeptical that Militello might be appealing to “factual impossibility,” agreed to allow a limited operability test of the firearm.
The gun, an SKS-style 7.62x39 caliber rifle with a scope and obliterated serial number, was recovered by agents, along with multiple other items, after Routh allegedly fled.
Medetis said the government had a sniper veteran expert with extensive combat experience with SKS-style rifles who would testify on its operability, including range, at Routh’s upcoming trial in September.
She agreed to the operability test but said the government would have to find an appropriate facility and agent to help with transferring the weapon.
The topic was not raised in Tuesday’s hearing.
Routh allegedly spent 12 hours camped outside Trump’s West Palm Beach golf course before an agent saw his rifle protruding through the fence, authorities said.
The agent fired in the suspect’s direction, who then fled.
Authorities arrested Routh in a nearby county and said he denied firing any rounds or having Trump in his line of sight.
