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hlthe2b

(102,599 posts)
1. DeSantos has no choice. This was examined in terms of a NY extradition, but same goes
Wed Jan 25, 2023, 07:39 PM
Jan 2023
https://www.msnbc.com/rachel-maddow-show/maddowblog/florida-prosecutor-desantis-couldn-t-stop-trump-s-extradition-ny-n1267812

In a 1987 case, Puerto Rico v. Branstad,[3] the court overruled Dennison, and held that the governor of the asylum state has no discretion in performing his or her duty to extradite, whether that duty arises under the Extradition Clause of the Constitution or under the Extradition Act (18 U.S.C. § 3182), and that a federal court may enforce the governor's duty to return the fugitive to the demanding state.[4] There are only four grounds upon which the governor of the asylum state may deny another state's request for extradition:[5]

the extradition documents facially are not in order;
the person has not been charged with a crime in the demanding state;
the person is not the person named in the extradition documents; or

the person is not a fugitive.

There appears to be at least one additional exception: if the fugitive is under sentence in the asylum state, he need not be extradited until his punishment in the asylum state is completed.[6]


https://en.wikipedia.org/wiki/Extradition_law_in_the_United_States

W_HAMILTON

(7,881 posts)
6. I've seen one of those crime shows (The First 48) and...
Wed Jan 25, 2023, 07:51 PM
Jan 2023

...they (the local police) say that they were going to call in someone at the federal level -- I believe the U.S. Marshalls, but I could be wrong -- to apprehend a suspect that had fled to another state and was hiding out there.

So, I'm not sure DeSantis has any say in the matter really if such a suspect can be apprehended by the feds and returned to the charging state.

hlthe2b

(102,599 posts)
7. Yes if he were an escaping felon across states, that IS solely Federal.
Wed Jan 25, 2023, 08:00 PM
Jan 2023

But if you read the summary of the statute I posted earlier-- for non-fleeing interstate extradition (i.e., normal circumstances of extradition per warrant), DeSantos has only limited authorities to deny--and absolutely none of which would apply to a Trump extradition.

W_HAMILTON

(7,881 posts)
8. What constitutes "fleeing" here?
Wed Jan 25, 2023, 08:04 PM
Jan 2023

If Trump is charged in Georgia and then leaves Florida to attend a rally in Virginia, would that be considered "fleeing" here? Or would it only be considered "fleeing" if he were in Georgia and then left?

hlthe2b

(102,599 posts)
9. Only if an arrest warrant has been issued by the court & extradition order filed
Wed Jan 25, 2023, 08:09 PM
Jan 2023

At that point, traveling to a third state without prior court approval would be fleeing.

onenote

(42,899 posts)
11. One of the exceptions applies if "the person is not a fugitive."
Thu Jan 26, 2023, 07:56 PM
Jan 2023

What makes Trump a fugitive from Georgia? He hasn't left Georgia and fled to Florida . He wasn't in Georgia when the criminal activity took place.

Response to Just_Vote_Dem (Original post)

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