Dan the Roman
liberalrepublican
Sr. Member
Posts: 2,642
|
|
« on: April 16, 2024, 02:41:16 PM » |
|
|
« edited: April 16, 2024, 02:52:21 PM by Dan the Roman »
|
There would be a string of Florida Legislators coming out to demand DeSantis call a special session where they would introduce a bill prohibiting extradition(on a basis TBD) and allowing for the removal of any local official or law enforcement member who took part without the Governor's approval.
This would place DeSantis in a tricky position, and he would probably sign and throw it to the Florida courts. If cleverly written(not prohibiting extradition but threatening anyone taking part with penalties and limiting it to state, not federal orders*) it will almost certainly be upheld in the Florida courts, and has a good chance in the federal ones(see shield laws for abortion and Trans care.)
But being cleverly written with restraint is a big ask given who will be leading the charge.
If this were to take place, it seems likely other Red States would follow and Blue states would not with the result that Trump would face arrest in states with Democratic governors/AGs and not in ones with Republicans.
*I think this is a bad thing - whether it involves shield laws, sanctuary status etc - but it is unclear why it is constitutional to forbid the execution of laws from other states. The sanctuary status cases imply there is no affirmative obligation for local officials to assist in the enforcement of federal law, so I have no clue what would be the basis for claiming any Florida official has any obligation whatsoever to care what a New York law says if it conflicts with Florida law. The iffy thing would be Florida threatening criminal or civil penalties rather than removal from office.
Edit: On further reflection, I realized the challenge. Shield laws identify a specific category of laws that exist in other states, and make clear that warrants issued under those will be null and void. What, precisely is Trump being charged with, and how does Florida's legislature legalize it in a way that doesn't either clog up all extradition requests from NY, or does not come off as legislation aimed at Donald Trump personally which would be the basis for a challenge?
|