Andrew and Tristan Tate, who are accused of rape, assault, trafficking, and other offenses in southeastern England, will fight their extradition to the United Kingdom from the United States. The extradition process, which could last several years, ultimately rests with the State Department, but only after a judge determines whether the request complies with the law and a treaty between the two countries.

Extradition Process

The US has a treaty that allows it to honor a UK extradition request if the alleged crimes would also be considered illegal in the US. A federal judge will review arrest warrants, investigative documents, and other information submitted by the US government to show there was a “reasonable basis” to file charges against the Tate brothers in the UK.

According to Jacques Semmelman, a New York-based lawyer and expert in the procedure, the government holds all the cards in an extradition proceeding because the rules of evidence allow the government to submit any evidence they wish. Semmelman added that it is very hard for the defense to defeat an extradition.

The hearing would not be similar to a trial, and a partial victory might mean a reduction in the charges to be extradited upon. An across-the-board victory, which means no extradition, is very difficult to achieve.

Final Decision

If a judge finds that the UK government has met the threshold, and any appeals fail, the final decision to extradite would rest with US Secretary of State Marco Rubio, who has wide discretion, or his successor. In most cases, the secretary of state will sign the warrant of extradition.

Original reporting: WPBF (Treasure Coast / Hearst) — read the source article.