By Dave Van Zandt
Florida Gov. Ron DeSantis (R) on Thursday called the indictment of former President Trump “un-American” and said the state would not assist in any extradition request.
Many have pointed out that he cannot do that based on Article IV Section 2 Interstate Comity, Clause 2 Interstate Extradition, which 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.
What does it mean?
Article IV, Section 2 of the United States Constitution establishes the principles of “interstate comity,” which refers to the recognition and respect each state must have for other states’ laws and judicial proceedings. Clause 2 of this section specifically deals with interstate extradition, which is the process by which a person accused of a crime in one state is returned to that state from another, where they fled to avoid prosecution.
This clause provides that “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.” In other words, if someone is accused of a crime in one state and then flees to another state, the second state must return that person to the first state if the first state requests it.
This clause reflects the principle that the states are part of a single political entity, the United States, and that each state must respect the legal processes of the other states. It is also an important tool for law enforcement, as it helps ensure that criminals cannot flee to another state to avoid prosecution.
However, this clause also raises some important legal and constitutional questions. For example, what happens if the crime that the person is accused of is not a crime in the state where they have taken refuge? Or what if the person is being sought for political reasons rather than criminal ones? These are complex issues that have been debated and litigated in the courts for many years, and they continue to be important topics of discussion and controversy today. In short, Ron DeSantis must extradite Donald Trump is asked to.
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