Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: alancarp
DeSantis is obligated to refuse to extradite a Citizen of Florida to this circus--in fact, to protect President Trump. If DeSantis fails to do so, he is DEFINITELY NOT Presidential material.
22 posted on 03/20/2023 10:15:26 AM PDT by Savage Beast (Du bist der Nächste! Ты следующий! Tu eres el siguiente! 你是下一个 YOU ARE NEXT!)
[ Post Reply | Private Reply | To 2 | View Replies ]


To: Savage Beast

Re: 22 - please. Just stop.


29 posted on 03/20/2023 10:21:23 AM PDT by Fury
[ Post Reply | Private Reply | To 22 | View Replies ]

To: Savage Beast
Typing in all caps doesn't change the legal reality.

The Extradition Clause, in Article IV, Section 2, of the United States Constitution reads:

"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."

18 USC 3182 reads:

"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. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged."

In Puerto Rico v. Branstad, 483 U.S. 219 (1987), the Supreme Court, unanimously held that the Extradition Clause's commands are mandatory and afford no discretion to executive officers of the asylum State and that the federal courts can compel a governor to comply with the Constitution, if a governor tries to ignore the Constitutional command.

I understand that the Constitution may just be a piece of paper to you, but this legal issue has been settled.

32 posted on 03/20/2023 10:29:08 AM PDT by Rob_Henry
[ Post Reply | Private Reply | To 22 | View Replies ]

To: Savage Beast
DeSantis is obligated to refuse to extradite a Citizen of Florida to this circus--in fact, to protect President Trump. If DeSantis fails to do so, he is DEFINITELY NOT Presidential material.

The governor of state has no such power. As is mentioned in post 15 above, and easy to verify with simple research.

51 posted on 03/20/2023 10:51:09 AM PDT by Republican Wildcat
[ Post Reply | Private Reply | To 22 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson