That is exactly my argument.
That is exactly my argument.
I am by no means a Trump supporter but I believe what’s good for the goose is good for the gander; Trump was never present in Georgia leading up to the electoral count as far as I am aware, yet he is charged with RICO under state law in Georgia. Do you think he could have simply fought rendition to Georgia?
While this is great postering; this is a law that will undoubtedly be ignored due to the rendition clause of the US Constitution.
Edit: after looking into this some more there is an argument that if someone has conclusively never been in the requesting during the offense, another state cannot request rendition, see Hyatt v People (1903). It was reaffirmed in Michigan v. Doran (1978).
Based on precedent there has to be no evidence whatsoever that a person was present in the state. It cannot be a question of fact or alibi for the crime itself. Ie., if a state asserts the person was present in the state and the person asserts they were not as an alibi defense, the person would still need to be extradited and can assert the alibi defense in their trial.
I think based on this reading my initial take was wrong, but I am not so sure how true this is with some more modern enactments like the Uniform Criminal Extradition Act.
Here is a law review article that discusses related issues in more depth: https://academicworks.cuny.edu/cgi/viewcontent.cgi?article=1558&context=clr#:~:text=Without intervention%2C anti-abortion states,the people that support them.
Do you know how this will affect existing installations? Is this gnome only or any desktop?
Okay I think current precedent is consistent with your view; thank you for providing an opportunity to learn more about the extradition clause. Constructive presence is not currently considered in the context of the extradition clause.