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Why Ron DeSantis may hold the key to Donald Trump's freedom

Donald Trump's lawyers have previously stated that they expect the former president to travel voluntarily to New York to give himself up
PUBLISHED MAR 22, 2023
Ron DeSantis DeSantis is Donald Trump's biggest rival for the Republican presidential nomination (Joe Raedle/Getty Images)
Ron DeSantis DeSantis is Donald Trump's biggest rival for the Republican presidential nomination (Joe Raedle/Getty Images)

WASHINGTON, DC: Former President Donald Trump may face another challenging situation while contesting for the 2024 Republican presidential nomination if a New York grand jury accuses him in connection with a hush money payment to former pornstar Stormy Daniels. It is reported that Florida Governor Ron DeSantis can sign a local arrest warrant if the 76-year-old refuses to travel from his Mar-a-Lago home to surrender voluntarily to police in Manhattan.

Although the situation is just speculation, it is one of the likely scenarios that could take place if the nation goes through the unplumbed territory of a former president and a current presidential candidate being indicted. Besides, it could put DeSantis in a very awkward situation.

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What do the legal experts say?

Legal experts claim that he has to authorize the extradition of a Florida resident to New York as he would be left with no other choice, knowing that he would always be blamed by the Trump supporters as the person who signed the former president's arrest warrant.

However, as of now, the grand jury appears to be speeding up its work, hearing from final witnesses, before coming to the decision on whether to hand down an indictment. 

Florida Gov. Ron DeSantis gives a victory speech after defeating Democratic gubernatorial candidate Rep. Charlie Crist during his election night watch party at the Tampa Convention Center on November 8, 2022 in Tampa, Florida. DeSantis was the projected winner by a double-digit lead.
Florida Gov Ron DeSantis gives a victory speech after defeating Democratic gubernatorial candidate Rep Charlie Crist during his election night watch party at the Tampa Convention Center on November 8, 2022(Octavio Jones/Getty Images)

"Assuming it is, Trump would be notified and given the opportunity to come to New York voluntarily for booking (fingerprints and photo) and shortly thereafter brought to the judge for arraignment on the charges (where Trump can plead not guilty and a determination of whether he will be released pending the trial, which he certainly will be given the nature of the offenses, although he would likely have to give up his passport)," said Joshua Dressler, law professor emeritus of Ohio State University, reports Daily Mail. "If he refuses to come to NY, it is not beyond the realm of possibility they might try to handle the matter remotely. Otherwise, yes, an extradition hearing would be required. I think it unlikely DeSantis would try to intervene in any way."

Florida Republican gubernatorial candidate Ron DeSantis speaks with U.S. President Donald Trump at a campaign rally at the Pensacola International Airport on November 3, 2018 in Pensacola, Florida. President Trump is campaigning in support of Republican candidates in the upcoming midterm elections.
Florida Republican gubernatorial candidate Ron DeSantis speaks with US President Donald Trump at a campaign rally at the Pensacola International Airport on November 3, 2018 in Pensacola, Florida (Mark Wallheiser/Getty Images)

What led to this situation?

The situation was fueled after Trump posted a message during the weekend saying he expected to be arrested on Tuesday, March 21. Enraged Trump supporters claimed that it was a politically motivated case and called on the Florida governor to prevent the arrest.

But DeSantis, seemingly not bothered, waited for more than 2 days before he commented and suggested that he has more important things to focus on. DeSantis is already Trump's biggest rival for the Republican presidential nomination, even though he has not made any public announcement. "We're not getting involved in it in any way," he told reporters. 

Adult film actress Stormy Daniels (Stephanie Clifford) exits the United States District Court Southern District of New York for a hearing related to Michael Cohen, President Trump's longtime personal attorney and confidante, April 16, 2018 in New York City.  Cohen and lawyers representing President Trump are asking the court to block Justice Department officials from reading documents and materials related to Cohen's relationship with President Trump that they believe should be protected by attorney-client privilege. Officials with the FBI, armed with a search warrant, raided Cohen's office and two private residences last week.
Adult film actress Stormy Daniels (Stephanie Clifford) exits the United States District Court Southern District of New York for a hearing related to Michael Cohen, President Trump's longtime personal attorney and confidante, April 16, 2018 in New York City (Drew Angerer/Getty Images)

Trump's lawyers have previously stated that they expect the former president to travel voluntarily to New York to give himself up. But the former president, who has been known to change his mind at the last minute, leaves the possibility that police will have to come and get him. 

According to Ric Simmons, professor of law at Ohio State University, there is probably little that DeSantis can do anyway to shield Trump whether he wanted to or not. He stated that New York prosecutors could also apply to a Florida judge for a warrant.

"You can do that with a judge - and judge can sign off on it. Or they can go to DeSantis - its a ministerial sort of rubber stamp", he said. "If DeSantis refuses, he can really just delay it as they can just go to a judge instead. All he can do it delay it if he wants to. But an important point is that this doesn't stop him being charged and if ever he goes to New York he'll be arrested." 

Former U.S. President Donald Trump speaks at the New Hampshire Republican State Committee's Annual Meeting on January 28, 2023 in Salem, New Hampshire. In his first campaign events since announcing his plans to run for president for a third time, the former President will also be speaking today in South Carolina, both early-voting states.
Former US President Donald Trump speaks at the New Hampshire Republican State Committee's Annual Meeting on January 28, 2023 in Salem, New Hampshire(Scott Eisen/Getty Images)
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