What would happen if Trump just stops attending NYC criminal court?

[jman123]

What if Trump just decided to skip out to his son's HS graduation and a warrant is out for his arrest. Would Desantis', if Trump were in Florida, stop extradition? How would this play out?

[mjba257]

DeSantis would probably try and block and extradition request. He knows this case is trash and has about as low an opinion of alvin bragg as one could possibly have. Let me state for the world that absolutely support the right of states to refuse extradition requests. You have so many blue jurisdictions with corrupt DA's that have weaponized the law against those they dislike. Red state governors absolutely should have the right to tell these slimebags to pound sand

[emailking]

DeS can't legally (Florida law) outright block an extradition request from Hochul. However, extradition can't be carried out in a day. So if he comes back the next day he would probably be arrested in NY. If he doesn't come back at all then he would eventually be extradited.

[GoTfan]

DeSantis would probably try and block and extradition request. He knows this case is trash and has about as low an opinion of alvin bragg as one could possibly have. Let me state for the world that absolutely support the right of states to refuse extradition requests. You have so many blue jurisdictions with corrupt DA's that have weaponized the law against those they dislike. Red state governors absolutely should have the right to tell these slimebags to pound sand

I'm not a lawyer, but I think such a scenario would open up the can of worms known as secession.

[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?

[GeorgiaModerate]

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?

No, it isn't.  Article IV, Section 1:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

[ꙮ]

States have no power to deny extradition. That’s not some new liberal “big gov” idea either, it’s in the plain text of the constitution.

If this happens (which it won’t), Trump would be extradited back to New York to stand trial. The end.

[Dan the Roman]

I realize the topic of Donald Trump makes everyone lose IQ cells(why people seriously thought SCOTUS would let states execute the 14th Amendment) but suggesting warrants qualify is absurd.

Why was a fugitive slave act needed? Because Northern states were under no obligation to comply.

If people in this thread are right,  what is the constitutionality of abortion shield laws. Shouldn't blue States have to extradite doctors to face criminal charges in Texas or Oklahoma if that were true?

I really don't think Democrats want to bring this to court because ANY SCOTUS ruling requiring Florida to extradite Trump would create a precedent for a national abortion ban if a single state decided to criminalize the procedure. Ditto youth gender transition.

I respect any Red Avatars willing to accept that level of legal consistency. But I also hope they can see why it is absurd to allow a single state to legislate for the entire country by deciding to criminalize something legal everywhere else.
 
Currently Full Faith and credit only applies when equivalent crimes exist. If Florida decides what New York charged Trump with is not a crime in Florida then there is no obligation to extradite him.

The challenge is defining what Trump is charged with and deciding they want to legalize it.

[GeorgiaModerate]

I realize the topic of Donald Trump makes everyone lose IQ cells(why people seriously thought SCOTUS would let states execute the 14th Amendment) but suggesting warrants qualify is absurd.

Why was a fugitive slave act needed? Because Northern states were under no obligation to comply.

If people in this thread are right,  what is the constitutionality of abortion shield laws. Shouldn't blue States have to extradite doctors to face criminal charges in Texas or Oklahoma if that were true?

I really don't think Democrats want to bring this to court because ANY SCOTUS ruling requiring Florida to extradite Trump would create a precedent for a national abortion ban if a single state decided to criminalize the procedure. Ditto youth gender transition.

I respect any Red Avatars willing to accept that level of legal consistency. But I also hope they can see why it is absurd to allow a single state to legislate for the entire country by deciding to criminalize something legal everywhere else.
 
Currently Full Faith and credit only applies when equivalent crimes exist. If Florida decides what New York charged Trump with is not a crime in Florida then there is no obligation to extradite him.

The challenge is defining what Trump is charged with and deciding they want to legalize it.

There's no challenge in defining it.  Trump is charged with falsifying business records in New York.  Look up the relevant New York State criminal code statutes if you want to know the precise definition.

[DaleCooper]

He gets arrested. There's really nothing complicated here, and Trump's lawyers know that skipping court would get him in even more trouble so he will show up.