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Wed Jan 25, 2023, 07:35 PM

Even if Trump is indicted in Georgia

Does anyone really think DeSantis will allow him to be extradited?

(Legal eagles, if I'm wrong, please correct me)

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Response to Just_Vote_Dem (Original post)

Wed Jan 25, 2023, 07:39 PM

1. DeSantos has no choice. This was examined in terms of a NY extradition, but same goes

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

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Response to hlthe2b (Reply #1)

Wed Jan 25, 2023, 07:42 PM

2. Great news, thanks! n/t

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Response to hlthe2b (Reply #1)

Wed Jan 25, 2023, 07:42 PM

3. He'll allow it. Publicly he'll be sorrowful, privately he'll be laughing all the way to 2024

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Response to hlthe2b (Reply #1)

Wed Jan 25, 2023, 07:51 PM

6. I've seen one of those crime shows (The First 48) and...

...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.

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Response to W_HAMILTON (Reply #6)

Wed Jan 25, 2023, 08:00 PM

7. Yes if he were an escaping felon across states, that IS solely Federal.

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.

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Response to hlthe2b (Reply #7)

Wed Jan 25, 2023, 08:04 PM

8. What constitutes "fleeing" here?

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?

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Response to W_HAMILTON (Reply #8)

Wed Jan 25, 2023, 08:09 PM

9. Only if an arrest warrant has been issued by the court & extradition order filed

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

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Response to hlthe2b (Reply #1)

Thu Jan 26, 2023, 07:56 PM

11. One of the exceptions applies if "the person is not a fugitive."

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.

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Response to Just_Vote_Dem (Original post)

Wed Jan 25, 2023, 07:42 PM

4. It sounds to me like a good way for DeS to get rid of a rival.

nt

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Response to Dale in Laurel MD (Reply #4)

Wed Jan 25, 2023, 09:21 PM

10. Exactly, DeSantis will personally drive Trump to Georgia.

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Response to Just_Vote_Dem (Original post)

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