You would go to a Federal court to request extradition.
The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a "treason, felony or other crime" to the state from which the fugitive has fled. 18 U.S.C. § 3182 sets the process by which an executive of a state, district, or territory of the United States must arrest and turn over a fugitive from another state, district, or territory.
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.
“ You would go to a Federal court to request extradition.”
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Of course. But this is still at the stage of being MYTH. Get back to me when AND IF it becomes REAL.
“to the state from which the fugitive has fled”
Trump didn’t flee anything. He moved a long time ago. If he was first charged with a crime and then left to avoid the consequences then that would be fleeing. You need to read the constitution literally and not allows other to twist its meaning.
Here is the definition of “Fled”:
verb
run away from a place or situation of danger.
“a man was shot twice as he fled from five masked youths”
synonyms: run, run away, run off, make a run for it, run for it, take flight, be gone, make off, take off, take to one’s heels, make a break for it, bolt, beat a (hasty) retreat, make a quick exit, make one’s getaway, escape, absent oneself, make oneself scarce, abscond, head for the hills, do a disappearing act, beat it, clear off, clear out, vamoose, skedaddle, split, cut and run, show a clean pair of heels, turn tail, scram, do a runner, scarper, do a bunk, leg it, light out, bug out, cut out, peel out, take a powder, skiddoo, go through, shoot through, fly, run away from, leave hastily/abruptly, escape from, skip, bugger off
Can you say Trump did any of that ?
And now we know why the USSC got it right in 1861 and why the more modern “Twist the meaning” political court of 1987 overruled the earlier court in total error.
Can you be extradited for a misdemeanor? Would love to know the answer.
Cat got your tongue. I thought that you would have some response to what the meaning of “Fled” is.