General Category > Elections 2024
Trump to Hold Massive Rally in the Face of Bragg’s Potential Indictment
Kamaji:
--- Quote from: catfish1957 on March 24, 2023, 04:44:50 pm ---And if that happened it would be political suicide for DeSantis.
This thing is dead in the water before it started.
--- End quote ---
I believe that extradition is governed, at least in part, by the U.S. Constitution and by federal statute.
Also, there appears to be very limited discretion on the part of a state governor when it comes to extradition:
--- Quote ---In a 1987 case, Puerto Rico v. Branstad, 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. There are only four grounds upon which the governor of the asylum state may deny another state's request for extradition:
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.
--- End quote ---
Source: https://en.wikipedia.org/wiki/Extradition_law_in_the_United_States
As a result, I rather doubt DeSantis would have much say in the matter.
However, since the Court said that a federal court may enforce the obligation to extradite, DeSantis might take the option of refusing to extradite, and leave it to the federal courts and the U.S. marshals to enforce extradition against Trump.
Depending on how DeSantis plays that, it might lead to an interesting result.
catfish1957:
--- Quote from: bigheadfred on March 24, 2023, 04:51:50 pm ---I don't think so. DeSantis, as governor, is legally bound to follow the law.
--- End quote ---
Legally bound and degrees of cooperation are two different things.
I can see DeSantis being able to throw 15 levels of beauacracy and legal entanglements to snarl the process.
Also, what level of zeal might the LEO's have in snaring Trump. They can knock three times, walk away, and in the spirit of the law met that obligation.
My point is and was that if it looks like DeSantis is overcooperative, it won't help him politically. Furthermore, DeSantis might counter that since Bragg won't respond to a congressional subpoena on D.A's motive, he can or might say there are circumstantial factors that preclude a surrender. Even via a filed injunction on the extradition filing.
Two sides can fight bull shit frivilous political persecutions.
Kamaji:
--- Quote from: catfish1957 on March 24, 2023, 05:13:56 pm ---Legally bound and degrees of cooperation are two different things.
I can see DeSantis being able to throw 15 levels of beauacracy and legal entanglements to snarl the process.
Also, what level of zeal might the LEO's have in snaring Trump. They can knock three times, walk away, and in the spirit of the law met that obligation.
My point is and was that if it looks like DeSantis is overcooperative, it won't help him politically. Furthermore, DeSantis might counter that since Bragg won't respond to a congressional subpoena on D.A's motive, he can or might say there are circumstantial factors that preclude a surrender. Even via a filed injunction on the extradition filing.
Two sides can fight bull shit frivilous political persecutions.
--- End quote ---
In which case, DeSantis may simply be best served by refusing to cooperate, and letting the federal courts and the U.S. marshals enforce the extradition request.
It is my understanding that a governor has very little discretion about whether to comply with an extradition request.
catfish1957:
--- Quote from: Kamaji on March 24, 2023, 05:15:56 pm ---In which case, DeSantis may simply be best served by refusing to cooperate, and letting the federal courts and the U.S. marshals enforce the extradition request.
It is my understanding that a governor has very little discretion about whether to comply with an extradition request.
--- End quote ---
Which would put RDS in the proverbial rock and a hard place. Any paperwork with his name on it getting DJT back NYC will be damaging campaign fodder in '24.
If that was Trump's intent, he is more politically shrewd than I realized.
Right_in_Virginia:
What does RDS facilitating Trump's possible extradition to NY have to do with the subject of this thread?
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