Trump will claim immunity due to his being a British sovereign.
Try extraditing him from his golf club. It can’t be done.
No. Manhattan is a jurisdiction unto itself. The FBI has no more basis to act in their stead for charges brought in Manhattan than Alaska State Troopers. Furthermore, the FBI does not act at the behest of Manhattan – only on behalf of the DOJ.
When federal charges are brought by the DOJ, then the FBI will act for Jack Smith and whatever indictments he issues. But not on behalf of Manhattan. However, Manhattan can put a “hold” on Trump after he is arrested by the Feds, and when the Feds are done with Trump, they will turn him over to Manhattan to further their proceedings.
All this assumes Trump does not comply with his surrender date and plays the, “Come 'n get me, coppers!” game. Which I don’t think he will.
Jurisdictions can be complicated, but they don’t bleed into each other at random. I encourage you to study up on this a bit.
Have you noticed how many international trips Trump has made since being out of office?
Me, either.
You would thing he would set up a safe house in Elbonia.
The interstate agreement on detainers leaves some discretion to governors, and there’s also a technical requirement that the governor sign the extradition warrant. De Santis could thwart extradition if he wanted to.
The laws of his state (and all the other states – it’s an interstate agreement) give him some degree of authority to decide whether to extradite.
E.g. Fla Stat. 941.04
Governor may investigate case.—When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Department of Legal Affairs or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him or her the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.
Also, the extradition warrant requires the Governor’s signature.
It’s a bit more complicated than that. A warrant from another jurisdiction is not enough. The extradition request has to come from the requesting state’s governor, with supporting documents. Then the governor of the asylum state can investigate. If they agree to comply, the asylum state governor has to issue a signed extradition warrant. That warrant is what commands the FL authorities to arrest him. Then the accused can contest the legality of the extradition in a habeas corpus action.
The constitutional provision needs implementing laws on how to carry it out. And the law allows him some opportunities to not cooperate. In addition, if Trump was not present in NY when the crime was committed, the extradition laws expressly give him discretion – he may extradite, but does not have to. Fl. Stat. 941.06.
Florida codification of extradition laws here:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0941/0941.html
If DeSantis refuses to extradite Trump to New York, I wonder if that would lead to criminals from Florida hiding out in New York. Would Governor Hochul refuse to extradite them back to Florida?
And would DeSantis be okay with that?
(Those are rhetorical questions.)
What benefit does New York get from that?
If anything, I’d say they should start shipping their criminals to Florida, the way that Florida ships asylum seekers.
I could see misheard word getting mangled and passed around on less reputable platforms that “Florida doesn’t extradite, look at Trump”, and Florida having an influx of criminals on the lam from other states.
And you know, prosecutors don’t bother to extradite, 'cause Florida.
Soon, Florida is known as the state for felons to hide from justice, with some states even giving them a helping hand.
“We are either going to put you in jail until your trial, where you will be convicted and serve several years… or get on this bus, and as long as you don’t leave Florida, you will stay a free man.”
A bus ticket to Florida is a whole lot cheaper than convicting and incarcerating a criminal.
Which would be such a good look for a governor, and aspiring presidential candidate, who’s billed himself as a “law and order” kind of guy.
He’s been indicted, not convicted. That means charged. No orange jumpsuits until he’s convicted, even though they’d match the shitgibbon’s complexion perfectly.
Thanks for fighting my ignorance and doing a deeper dive into all this.
All I know is that in California, extraditions were quite routine. If the Governor signed the extradition warrant, I never saw that. Might be different from state to state. My part in extraditions was in the courtroom, taking minutes of the proceedings. I don’t recall a single one that was contested.
I was wondering if it could be a source of leverage to get Florida to extradite Trump.
Extradition seems to be one of those things that works because everyone cooperates. The states essentially say to one another “I’ll give you your criminals if you’ll give me mine.” If Florida decides to opt out of that pact (in spite of the Constitution), then it should cut both ways. If Florida won’t extradite Trump to New York, there’s no reason for New York to extradite criminals back to Florida. I could see other states joining New York in that. If Ron DeSantis decides to overturn a system that has been pro forma up 'til now, fine; as he sows, so shall he reap.
The problem is, I’m not sure how much of a deterrent that would really be to DeSantis. If someone is killed in Miami, and the murderer goes to New York, will DeSantis really want them brought back to face justice in Florida? He strikes me as the sort who would think (if not say outright) “as long the killer is out of Florida, he’s not my problem.”
Is there any other leverage that New York could bring to bear in their dealings with Florida; any cooperation between states that Florida benefits from, and which has traditionally gone unquestioned?
But if someone is killed in New York, and the murderer goes to Florida, can Florida ship them back even if New York doesn’t want them?
I assume they can’t be tried in Florida for a crime committed in New York.
Of course, the reason to bring someone back to face justice is because the victims want justice, even if the governor doesn’t.
The problem with that is hypocrisy isn’t a problem for Republicans. He’ll just say that New York liberals are anti-law and order. He’ll say it with a straight face, and Republicans voters will lap it up.
I suspect that New York will want them, just as it wants Trump to be tried for his crimes, because the Governor of New York is doing her job.
I know, and it sucks that we can’t beat them at their own game, as to play the game at all is to lose.
I still like to fantasize from time to time, though.
Recent Truth Social post from the shitgibbon:
“The Judge ‘assigned’ to my Witch Hunt Case, a ‘Case’ that has NEVER BEEN CHARGED BEFORE, HATES ME”, the former president wrote on the Truth social network this morning.
Is this not contempt of court? Couldn’t the judge toss him into jail at the arraignment to give him some time to think about his behavior and make better choices?
“Attention felons of Massachusetts: we have your free, one-way trip to Florida, where you will be safe from prosecution of your crimes - please assemble at Martha’s Vineyard.”
Absolutely, because if it becomes known that you can skate on a crime in Florida by simply leaving the state, his law-and-order credibility falls apart.
Probably a moot point anyway, since it seems most likely Trump simply flies to NY Tuesday without being coerced.