D A T E L I N E : M A R - A - L A G O
Former President Donald J. Trump has decided to do without his Secret Service detail, and he plans to choose protection that will consist of Qanon Shaman Cosplayers armed with bear spray and My Pillows.
I knew there was a constitutional requirement for states to honor other states’ extradition orders. I originally just wrote that this was so. But then I thought I should quote the relevant text. Unfortunately, I then only did a quick search and ended up quoting the wrong section.
Peak SDMB: I make a post containing a factual error, double check and correct myself in the VERY NEXT POST, and to date three posters have made a total of six subsequent posts correcting the error I already corrected and/or congratulating each other for doing so.
It’s the format. Message board threads are presented as a series of discrete posts. There’s a natural tendency to respond to them as you read them individually rather than reading the entire thread.
But once you’re more than about 5 posts back from the current end of the thread, you (any you) really needs to read all the way to the end before responding to any earlier post.
Eagerly posting post number #125 in response to something in post #30 (or even #90) is a noob mistake, not a best practice. IMO, YMMV, EBWB*, etc.
Not wanting to belabor the point, I am curious what would happen if New York and Georgia both ask for Florida’s assistance in securing citizen Trump for prosecution on the same day? For that matter, in cop shows it is often a state and the federal government fighting over the right to prosecute the same singular crime. I am no Constitutional scholar for certain, but I doubt any law requires that the agency which would have the stronger claim to poetic justice be awarded the honor. That is how it is always resolved in fiction.
In the potentially real situation where Trump may face charges in various states is there any law or precedent? Would criminal charges (where right to speedy trials and statute of limitations issues would apply - and I assume would not apply in a civil case) automatically jump to the front of the line? Would the states agree to go with who has the stronger case so the defendant would not be coming from a fresh acquittal for the second trial?
If Trump is convicted in one jurisdiction and found guilty, could additional jurisdictions also prosecute him while he is suffering the consequences of the first conviction? Let’s say Georgia convicts him of an illegal act and sentences him to a prison term; could New York then start proceedings against him so he would have to direct his defense from prison, and occasionally appear in New York court rooms while under the security of Georgia detention officers?
Governor DeSantis may be the smallest obstacle in holding Trump accountable for ALL his misdeeds.
My understanding is that there’s no hard rule. It gets negotiated out between the states.
I believe in general, the states with the most serious charges get first crack. But I also feel that in some cases, the minor crimes can get bumped up. Let’s say you’re wanted for multiple murders in New York and some unpaid speeding tickets in Georgia. You get arrested in Indiana and both states submit a warrant for you.
New York obviously has the more serious crime. But for that reason, they might tell Georgia, “Listen it’s going to take us a couple of months to prepare our case. You’ve got a pretty simple situation you can clear up in a couple of weeks. Why don’t you take him first while we’re getting ready?”
Another generally unspoken reality is that district attorneys have limited budgets and need to make decisions about which cases they prosecute. And when you do successfully prosecute a major criminal, you’re generally assuming the expense of imprisoning him. So sometimes a DA will decide to let another state have a criminal. The New York DA, for example, might decide “This guy killed several people in New York and killed several people in Georgia. He’s going to spend the rest of his life in prison. But if he’s in a New York prison, it’ll be a million dollars on our budget and if he’s in a Georgia prison, it costs us nothing. So they can have him.”
Just out of curiosity: if Person A is tried, convicted and imprisoned in one state and then indicted in another for different crimes, do they get shipped back and forth depending on whether the trial in the second state requires them to be present?
My fear is that a criminal indictment might end up reviving him politically in ways that we might not expect, particularly if he can survive the trial and get an acquittal.
Trump would be a special case for certain, but I doubt the cost of incarceration is usually considered by most prosecutors. The infrastructure is built and maintained and that cost is more or less consistent. They have facilities and they are staffed, it costs exactly the same to house 10,001 prisoners as it does to house 10,000. That being said, a high profile, high risk prisoner like Trump (and as I recall- O.J. Simpson in LA) might cost as much as hundreds of ordinary Joe prisoners with regard to extra security, extra staff to deal with media, accommodations for celebrity lawyers who would feed into the previous categories as well, etc.
In your example where you KNOW the suspect will serve out a significant sentence either way, it does make sense to allow it to be done elsewhere. I believe in the case of Trump every prosecutor who is lined up to take a shot at him is dreaming of saying: “He thought he was above the law but [EYE] prosecuted him and now he is rotting in MY penal system!” Of course the deputy director of prison budgets is suggesting letting the other jurisdiction have him.
This is what I was getting at above.
I know from personal experience that in my state if you need to leave the prison system for any reason (and the system includes transportation between prisons - so that is on them) the prisoner is responsible for paying for his or her own security that is supervised and approved by the system.
So if Trump were serving time in my state and was forced to appear in another state, he – or more likely the other state would have to accept responsibility for him and perhaps have to pay for an accompanying corrections officer until he is in another secure institution. In any case, I am sure there would be a shitload of law enforcement types surrounding him including SS if he was to leave the primary institution and it would have to be paid by someone outside of the system itself.
He does have a knack for wallowing around in shit and ending up smelling like roses doesn’t he? Of course his supporters are going to believe (before any evidence is even displayed) that it is just a partisan attack- part of the ‘witch hunt’ and not honestly seeking justice. They believe it because that is just how petty and spiteful they are; after the Georgia Congresswoman was removed from committees they just HAD to try to get a Democratic official removed from a committee. Even if Trump is convicted people in that camp will never believe it is because of the merits of the case.
And you are right in that some people, even neutral in politics, never get tired of seeing and hearing him. He is by far the least compelling “celebrity” I can imagine and I would rather be stuck in an elevator with ANYONE else – but others seem to love being around him. ( Boggles my mind!) During any criminal trial he would generate a great deal of attention – and he would certainly monetize that somehow. But as popular as he seems to be with Republican elected officials, I believe voters are for the most part sick and tired of him. In fact, I believe all of his success in the political arena has been a result of the Republican machine turning his sycophantic, brain dead admirers into voters. In addition, even if he is acquitted, no one will believe it (least of all his supporters- they will admire him all the more for getting away with it!)
I woke up this morning thinking how fortunate we are that the Republican Party cannot seem to learn from their mistakes no matter how obvious they are to all sensible voters. They are going to continue to play to an ever dwindling base that is insistent upon being on the wrong side of history at every turn. While congressional districts can be as off the rails as they want – statewide elections require some sense of reality. 2022 can be very interesting if the right insists upon fighting with itself and becoming even more extreme with every passing day.
It would be a shame if Trump gets away with his many, many crimes – but as long as he quickly fades away that might be the better option. (And he would be acquitted I also fear.)
The thing is, he’s now out of the spotlight, which is what he usually craves. I don’t know whether that’s because he’s exhausted from four years of never being out of it, or if it’s because he’s been told to lay low so that maybe it demotivates would-be prosecutors. Whatever it is, he’s out of the spotlight, and it seems like Cy Vance is the only one who’s seriously going after Trump criminally.
Putting him in a court room puts him on TV, and it makes him a political figure again. He will undoubtedly claim he’s the victim of the most outrageous witch hunt of all time and that liberal Democrats are obsessed with attacking their political nemeses even after they leave office, and that they’re more obsessed with settling scores than they are focusing on whatever problems the country is having at the moment.
That’s unusual. I never encountered such a system. In New York, where I worked, a prisoner was considered a ward of the state and all of their security and transportation expenses were paid for by the state.
It’s because he’s no longer important. Who cares what an ex-president is saying or doing? I’m very happy that Donald Trump no longer matters and I can ignore him.
He’s out of the mainstream spotlight for sure. I mean I know he’s off Twitter and FB, and even FOX seems to be ignoring him (I check there only intermittently so may be wrong). But are there other vehicles he’s been using with much success? As a ‘leftie’ I have no idea how much residual media presence he has.
It is that way here also as long as you stay in the system (the different buildings and the endless vans that circulate between them as well as hospitals owned and staffed by the state or county). But if there is a reason to be outside of the system and it is approved, you must pay for correction officers to “escort” you to the event, supervise you during the event, and escort you back. I do not recall the details about wearing civvies (I believe they had to be in the hands of the state weeks in advance so they could be searched for drugs, etc. or the prisoner could just wear the orange jumpsuit) but the prisoner was to be cuffed and shackled the entire time and no one could touch him.
The point was that if it was not something the state was going to do anyway – it had to be approved and security was on the prisoner’s dime.
If it is a situation between states they may surrender the prisoner in their own garage to qualified and prearranged law enforcement from the other state so the second state pays their own people or perhaps US Marshals. But our state prefers to not pay for anything that is not the course of business as usual. I may have misunderstood the situation but I do not believe so; the policy seems to be you can leave only when we say so and if it costs more than holding you as usual - we are not paying for it.
Even if he has no voice whatsoever on any platform, he sure gets talked about endlessly even on left leaning news sites. In my experience he hasn’t disappeared - he just isn’t all that current. I don’t believe there has been one day since he left office where I haven’t seen his face and/or heard his words.
Yes you are wrong. I get alerts from multiple news agencies across the spectrum. Fox reports on Trump whenever he leaves his house or makes a statement or sends a tweet. He’s just been relatively quiet for him.
As for extradition there are several Supreme Court cases that define what needs to be done. I’m a passenger in a car right now so I’m not looking them up. Basically it says that during extradition hearings the defense can’t argue guilt or innocence. The hearing only determines if the warrant is valid, the extradition request is correct and they got the right guy. That’s why extradition hearings are often waived. States must extradite.
It isn’t automatic for a warrant to be extraditable. When I type a warrant into our criminal complaint system it can only be seen in New Jersey. If we have reason to believe the suspect is in a different state and the charge is sufficiently serious we can request the prosecutor to make it extraditable. That means it gets entered into NCIC and can be seen nationwide. The NCIC entry will specifically say where it will be extradited from. It can be nationwide or specify certain states. Sometimes they will be picked up by local police and someone from the state will come get them. Often the state will contact the US Marshall’s Office and get assistance. One of the main functions of the Marshalls is fugitive recovery.
You’re doing it wrong. The last time I heard his voice was some time in 2019. Last picture was probably just after Jan 6. Though I did see a moron carrying a trump flag today.