Extradition is governed by the Constitution and federal law. 18 United States Code 3182 outlines the process.
An executive authority demand of the jurisdiction to which a person that is a fugitive from justice has fled.
The requesting executive must also produce a copy of an indictment found or an affidavit made before a magistrate of any state or territory. The document must charge the fugitive demanded with having committed treason, felony, or other crime, and it must be certified as authentic by the governor or chief magistrate of the state or territory from where the person so charged has fled.
The executive receiving the request must then cause the fugitive to be arrested and secure and to notify the requesting executive authority or agent to receive the fugitive.
An agent of the executive of the state demanding extradition must appear to receive the prisoner, which must occur within 30 days from time of arrest, or the prisoner may be released. Some states allow longer waiting periods, of up to 90 days.
About the only way you can fight extradition is to prove to the court in the “receiving” state that you were not in the “requesting” state at the time the alleged crime was committed. That cannot be disputed. There is video, as well as statements of his counsel explaining what happened.
Now please understand, I am on Kyle’s side big time, but the fight is in Wisconsin not Illinois. Fighting extradition is just a formality in cases like this. In my 35 years as a lawyer, I have never seen or been involved in an extradition case that was won by the defendant.
Hi.
Thanks for your legal opinion.
Mr. Wood will probably ask for a change of venue out of Kenosha. Also, motions can be filed to the Federal district court in GB regarding Rittenhouse’s civil rights (1st and 2nd amendments).
This has a long way to go.
5.56mm
100% correct.