- If Donald Trump is indicted in Manhattan and refuses to appear in court, he will be extradited.
- Ron DeSantis can’t stop Trump’s extradition from his Florida home, but he can slow the process.
- Florida also has extradition methods that could allow New York prosecutors to circumvent the governor.
That day may finally come.
The Manhattan District Attorney’s Office has offered former President Donald Trump an opportunity to testify before a grand jury, suggesting it could soon result in criminal charges against him.
The District Attorney’s Office has been investigating Trump’s finances for years and is poised to file charges over falsified records related to payments to Stormy Daniels.
Trump does not seem happy with the whole situation. In an official statement with Truth Social, Trump said the investigation was illegal and disparaged Manhattan District Attorney Alvin Bragg, who is black as racist. He denied it and said he had “absolutely done nothing wrong” this week.
If indictments are filed against Trump, the most likely scenario would be for him to voluntarily show up for a reservation, a legal expert told an insider.
Attorneys in Bragg’s office informed Trump’s attorneys, mutually agreed on a time and place (probably the district attorney’s office at One Hogan Place in downtown Manhattan), made an appointment for him, and fingerprinted him. was collected and a mugshot was taken.
“They’ll take him upstairs, put him in a holding area, process him internally, and a few hours later bring him before a judge and release him with his own approval,” said New York. Michael Buckner, a based attorney and former assistant district attorney in Manhattan, told Insider. “And that’s it.”
But there is always the possibility that Trump will not comply.
He has repeatedly attacked the Manhattan investigation over the years and was found in contempt of court for refusing to comply with a subpoena in a separate lawsuit filed by the New York Attorney General’s Office. has ignored legal proceedings and remains in Mar-a-Lago, Florida.
“In my opinion, it’s kind of the epitome of a fool,” Buckner said. increase.”
If Trump doesn’t show up voluntarily, he will be handed over. The nuances of extradition may vary slightly from state to state, but there is no legal way to outright refuse it.Interstate extradition Required by Section 4, Section 2 of the U.S. ConstitutionEnforcing the extradition process also means Trump could spend hours or days in jail as the process unfolds.
“Indictments and prosecutions will never go away,” Tamara Holder, a Florida-based attorney and legal commentator, told Insider. “This is the early stages of a criminal case, and it is very important to appear in court early as someone who intends to fight the case, not extradition.”
Florida law allows for two types of delivery. One path is through Florida Governor Ron DeSantis, widely considered Trump’s biggest rival for the Republican nomination in the 2024 presidential election.
DeSantis can’t stop Trump’s extradition, but he can delay it
According to Holder and Buckner, Florida’s standard method of interstate extradition involves each state’s governor.
In that scenario, the Manhattan District Attorney’s Office files an indictment with New York Governor Kathy Hochul’s Legal Affairs Bureau. Hochul then sends a written extradition request to her DeSantis. Attached to her letter was a copy of the indictment, proving that there was a warrant for Trump’s arrest in New York. must be confirmed.
DeSantis’ role spawned theories. First proposed by Politico in 2021the governor could refuse to authorize extradition and give Trump Port of Florida.
Holder and Buckner told Insider: Florida Extradition Law The governor’s role is only to ensure that the extradition request meets all legal requirements. So all DeSantis has to do is make sure Ho-chul sends her a copy of her indictment and enough evidence that her Trump crimes were committed in New York.
“The governor has no authority to stop extraditions,” Holder told an insider, adding, “The governor’s only involvement is to look at the paperwork and make sure the paperwork is adequate to issue a warrant.” added.
Florida Governor Ron DeSantis.
Reuters/Octavio Jones
Dave Aronberg, the chief prosecutor for Palm Beach County, which includes Trump’s home in Mar-a-Lago, said something similar in a 2021 interview with CNN.
He pointed out that the governor’s authority over extradition was purely administrative.
“The governor’s power to block an extradition doesn’t really exist,” Aronberg said. “He could try to slow it down or send it to a committee to look into it, but his role is really that of a cabinet minister, and eventually New York State will go to court and ask the ex. You can get the president’s extradition order.”
DeSantis can, However, it slows down the process. Buckner said he could have asked the legal department or prosecutors to review Ho-chol’s extradition request and write a report before approving it. But if the extradition request is legitimate, he must sign it within his 60 days, Bachner said. According to Buckner, he was also able to delegate another member of the Florida executive branch to approve Hochul’s extradition request.
Bachner told Insider that even if an indictment were issued, it’s unlikely that DeSantis would delve into the internals of the indictment.
“If there is a fully voted indictment, we do not intend to initiate an investigation into the facts underlying the indictment to determine whether the indictment was sufficient,” Buckner said. It would be shocking that a judge wouldn’t order an extradition after being detained, and Trump knows it.”
That said, Holder said DeSantis may be under pressure from fellow Republicans in the state to protect Trump.
“This is a state where Republicans are really protecting each other from Democratic states like New York,” she said. I think it will be very interesting legally to see what action they take here in Florida.”
Donald Trump and Melania Trump attend a family dinner at Mar-a-Lago in Palm Beach, Florida.
Nicholas Kam/AFP via Getty Images
But DeSantis’ approval could give any indictment a bipartisan rating, undermining Trump’s claim that the Bragg investigation was politically motivated.
“If the Governor of Florida hands him over, it will only reinforce the validity of the indictment.
Even if DeSantis approves Ho-chol’s extradition request and issues an arrest warrant for Trump, the former president still has a chance to escape the cuffs. Yes, said Buckner.
Bachner said Trump could challenge the warrant in court, but would almost certainly fail to convince a judge that the grand jury indictment was invalid. Buckner said losing the battle would give prosecutors an opportunity to demand bail before Trump went to New York, which would defeat Trump’s goal of avoiding prison. Become.
Florida also has an obscure process that allows Manhattan DA to bypass DeSantis.
The second form of extradition in Florida is called a warrantless prior demand arrest. It’s more vaguely defined and traditionally thought to be used to arrest fugitive citizens, but according to Buckner and Holder, New York prosecutors used it to arrest Trump in Florida. likely to
According to Holder, that extradition method works only for felony charges, meaning it could be applied to the charges Bragg is reportedly seeking.
In that scenario, authorities would arrest Trump in Florida and bring him before a judge for a probable cause hearing to prove that he was indicted on a felony in New York. Judge orders Trump’s extradition. As insiders have previously reported, Trump’s Secret Service details will likely move with him, but are unlikely to be involved in the arrest process.
Former President Donald Trump, who is running for president for a third time in 2024, is hosting a New Year’s Eve party at his resort, Mar-a-Lago, in Palm Beach, Florida.
Reuters/Marco Bello
However, it is unknown who made the arrest. The New York City Police Department, which normally makes arrests for charges made by the Manhattan District Attorney’s Office, does not have jurisdiction in Florida.
“I’m not really sure who went and arrested them,” Holder said.
The most likely scenario in this case, Holder said, is that the Manhattan District Attorney’s Office asks the Palm Beach Sheriff’s Office to make an arrest. But it will likely be up to Manhattan prosecutors to bring extradition arguments before a Florida judge.
Trump probably won’t have to spend time in jail
After Trump’s first appearance in a New York courtroom, a bail hearing will take place, and a judge will set the terms of his release before the trial.
At that hearing, the Manhattan District Attorney’s Office could seek to hold him in custody or set a high bail to ensure he returns to New York for further court proceedings. I have.
Donald Trump leaving Trump Tower in Manhattan.
James Devaney/GC Images
Fighting extradition could make it more likely that New York authorities would consider him a fugitive risk. But perhaps the risk of him escaping is low, Holder noted. Trump is arguably the most famous person in the world and is set to be re-elected as President of the United States. He will have a hard time as a fugitive from US law enforcement.
“He has not been charged with a violent crime and is not at risk of escape,” Holder said. “He’s a former president. They can guarantee his return to court, so the bond will be somewhat lower.”
A judge could also confiscate Trump’s passport, which doesn’t make much sense either.
In addition to potential indictments from the Manhattan District Attorney’s Office, Trump faces many other legal challenges ahead of the 2024 election, not to mention a criminal investigation in Georgia and a civil suit from Justice Department Special Counsel Jack Smith. facing significant risks.
Fanni Willis, Atlanta’s Fulton County District Attorney, could also make a decision to indict Trump. She is considering whether to refer the findings of a special grand jury investigating Trump’s interference in her 2020 election in Georgia to a regular grand jury, which can be criminally charged.