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Thu Jan 14, 2021, 07:52 AM

How does extradition take place between states?

For example Letís say New York wants Florida to extradite an ex president and his crime riddled family to face multiple state level felony counts.

This ex president decides to fight the extradition.

How does that process play out?

If theoretically Florida has a corrupt governor that wants to protect the ex president, dies that effect anything? Or is it strictly the courts that decide?

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Arrow 13 replies Author Time Post
Reply How does extradition take place between states? (Original post)
Takket Jan 14 OP
pwb Jan 14 #1
mahatmakanejeeves Jan 14 #3
LeftInTX Jan 14 #2
struggle4progress Jan 14 #4
SheltieLover Jan 14 #9
duforsure Jan 14 #5
struggle4progress Jan 14 #6
struggle4progress Jan 14 #7
struggle4progress Jan 14 #8
Takket Jan 14 #10
DeminPennswoods Jan 14 #11
struggle4progress Jan 14 #13
JT45242 Jan 14 #12

Response to Takket (Original post)

Thu Jan 14, 2021, 07:55 AM

1. U S Marshalls go and get them.

You can't hide in states. IMO.

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Response to pwb (Reply #1)

Thu Jan 14, 2021, 08:08 AM

3. For state charges? NT

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Response to Takket (Original post)

Thu Jan 14, 2021, 07:56 AM

2. I have never heard of a state truly fighting extradiction

I think it happens for maybe a day or so, but has always been a procedural thing.

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Response to Takket (Original post)

Thu Jan 14, 2021, 08:13 AM

4. Constitution, Article IV, Section 2, Clause ii

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime




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Response to struggle4progress (Reply #4)

Thu Jan 14, 2021, 08:37 AM

9. Ty!

I've been wondering myself!

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Response to Takket (Original post)

Thu Jan 14, 2021, 08:13 AM

5. I would think the Gov. Could then be charged by the court,

If he prevents a court decision from being carried out, but the extradition can be contested to delay it. Once that's decided I think a Gov. Is at risk legally if he prevents it, but legal minds surely know for sure.

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Response to Takket (Original post)

Thu Jan 14, 2021, 08:14 AM

6. 18 USC 3182

Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District, or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District, or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear ...

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Response to Takket (Original post)

Thu Jan 14, 2021, 08:20 AM

7. Constitution, Article I, Section 9, Clause ii

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it

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Response to Takket (Original post)

Thu Jan 14, 2021, 08:28 AM

8. My summary (as a non-lawyer): The Constitution and Federal Statute require extradition,

but (as with other arrests), the lawfulness can be contested by habeas corpus (unless the writ be suspended for insurrection or similar threat to public safety)

I expect refusal to honor a lawful extradition request would produce a suit and subsequent order to honor it, but the lawfulness could be contested by the detainee with a habeas action; in the current context, suspension of the habeas right is unlikely to be considered or upheld

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Response to struggle4progress (Reply #8)

Thu Jan 14, 2021, 09:22 AM

10. Excellent summary. So it looks like there is really no stopping extradition.

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Response to struggle4progress (Reply #8)

Thu Jan 14, 2021, 09:26 AM

11. Didn't Rittenhouse/his lawyers fight extradition

from ILL to Wisc? He was eventually extradicted to WI, but it took longer than usual.
This is the DU member formerly known as DeminPennswoods.

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Response to DeminPennswoods (Reply #11)

Thu Jan 14, 2021, 12:00 PM

13. I think he contested legality on some technical issue

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Response to Takket (Original post)

Thu Jan 14, 2021, 09:34 AM

12. Defense lawyers fight it all the time but rarely win

The few times that I have seen it 'work' on the news reports was when an execution state like Texas wanted to extradite someone from a state with no death penalty. Then the original state might try to hold onto the person or try to work out a plea agreement with no death penalty if the original prosecutor was so inclined.

Best case scenario is someone is picked up about 1 block away from the white house or at the airport before boarding a plane.

Rumor has it that there are more than a dozen sealed NY indictments waiting for him. I hope Mueller's crew were able to seal some as well before Bill Barr killed the investigation (there could be at least one with several counts from the Cohen documents with Individual A).

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