London Daily

Focus on the big picture.
Tuesday, Dec 23, 2025

No, Ron DeSantis can't stop Donald Trump's extradition from Florida to New York. Here's what happens now that he's been indicted.

No, Ron DeSantis can't stop Donald Trump's extradition from Florida to New York. Here's what happens now that he's been indicted.

A Manhattan grand jury has indicted Donald Trump while the ex-president is in his Mar-a-Lago home in Florida.

The day has finally come.

A Manhattan grand jury has indicted Donald Trump.

The charges are still under seal, but the Manhattan district attorney's office is expected to have brought charges over falsified records related to his payments to Stormy Daniels to keep her quiet ahead of the 2016 election about an affair she claims she had with him.

Trump, for his part, does not seem happy about the whole situation. On Truth Social and in public statements in the weeks leading up to the indictment, the former president has said the investigation is illegitimate and disparaged Manhattan District Attorney Alvin Bragg, who is Black, as a racist. Trump has denied that there was ever an affair with Daniels, and said he has done "absolutely nothing wrong."

By law, Trump is required to appear before a judge to address the criminal charges. Trump is expected to voluntarily appear next week, Insider's Laura Italiano reports.

Lawyers for the Bragg's office would tell Trump's lawyers, and they'd mutually agree on a time and place — probably the district attorney's office at One Hogan Place in downtown Manhattan — to book him, take his fingerprints, and shoot his mugshot.

"They'll take him upstairs, they'll put him in a holding area, they'll process him internally, and then he'll be brought in front of the judge several hours later and he'll be released on his own recognizance," Michael Bachner, a New York-based lawyer and former assistant district attorney in Manhattan, told Insider in an interview before the grand jury voted to indict Trump. "And that'll be that."

But there is always the chance Trump won't comply.

He's repeatedly attacked the Manhattan investigation over the years and was found in contempt of court for refusing to comply with subpoenas in a different case brought by the New York State Attorney General's office. It's easy to imagine him defying the legal process and remaining home at Mar-a-Lago in Florida.

"It would just be, in my opinion, like the epitome of stupid," Bachner said. "But I do agree that Trump has at times certainly exhibited conduct that many of us would characterize as stupid."

If Trump doesn't show up voluntarily, he'll be extradited. While the nuances of extradition may slightly differ between states, there's no legal way to defy it entirely. Interstate extradition is required by Article 4, Section 2 of the US Constitution. Forcing an extradition process also means Trump could spend hours or days in jail as the process plays out.

"The indictment and the charges are not going to go away," Tamara Holder, a Florida-based attorney and legal commentator, told Insider ahead of the indictment. "This is an early stage of a criminal proceeding, and it's very important that you present yourself to the court early on as somebody who's going to fight the case and not fight the extradition."

Florida law allows for two different forms of extradition. One path runs through Florida Gov. Ron DeSantis, who is widely considered to be Trump's archrival for the Republican nomination in the 2024 presidential election.


DeSantis can't stop Trump's extradition, but he could slow it down


The standard method of interstate extradition in Florida, according to Holder and Bachner, involves the governors of each state.

In that scenario, the Manhattan DA's office would present the indictment to the legal affairs office of New York Gov. Kathy Hochul. Hochul, in turn, would send a written extradition demand to DeSantis. Her letter would attach a copy of the indictment, proving that there's a warrant out for Trump's arrest in New York. DeSantis is then required to make sure the indictment is valid before ordering Trump's extradition from Florida.

DeSantis's role has given rise to the theory, first floated by Politico in 2021, that the governor could refuse to sign off on the extradition and give Trump harbor in Florida.

That simply isn't how it works, Holder and Bachner told Insider. The Florida extradition statute describes the governor's role as simply making sure the extradition demand meets all the legal requirements. That means all DeSantis has to do is make sure Hochul sends her a copy of the indictment and sufficient evidence that Trump's alleged crime took place in New York.

"The governor doesn't have the power to stop an extradition," Holder told Insider, adding: "The governor's only involvement is to look at the papers and make sure that the papers are proper to issue the warrant."

Florida's Governor Ron DeSantis.


Dave Aronberg, the top prosecutor in Palm Beach County, which includes Trump's home in Mar-a-Lago, said as much in an interview with CNN in 2021.

He pointed out that the governor's power in extraditions is merely administrative.

"The governor's power to stop an extradition is really nonexistent," Aronberg said. "He can try to delay it, he can send it to a committee and do research about it, but his role is really ministerial, and ultimately the state of New York can go to court and get an order to extradite the former president."

DeSantis could, however, slow down the process. According to Bachner, he could ask his legal affairs office or a prosecutor to review Hochul's extradition demand and write a report on it before signing off on it. But if the extradition demand is legitimate, he'll have to sign it within 60 days, Bachner said. He could also delegate and let another member of the Florida executive branch sign off on Hochul's extradition demand, according to Bachner.

It's unlikely that DeSantis will look too closely under the hood of the indictment, Bachner told Insider before news of the grand jury vote Thursday.

"If there's a fully voted indictment, they're not gonna start investigating the underlying facts of the indictment to determine whether it was sufficient or not," Bachner said. "Once there's an indictment voted, it would be shocking that a judge would not order extradition. Trump knows that."

That said, DeSantis may feel pressure from fellow Republicans in the state to protect Trump, according to Holder.

"This is a state where the Republicans really protect each other from these Democratic states like New York," she said. "And so I think it'll be really interesting legally to see what steps they're gonna take here in Florida to protect him outside of this statute if they can."

Donald Trump and Melania Trump attend a dinner with his family at Mar-A-Lago in Palm Beach, Florida.


DeSantis's sign-off, however, could give a bipartisan valence to any indictment, undercutting Trump's argument that Bragg's investigation is politically motivated.

"If you have the governor in Florida sending him over, it's kind of just another reinforcement of the propriety of the indictment," Bachner said.

Even if DeSantis approves Hochul's extradition demand and issues a warrant for Trump's arrest, the ex-president still has a chance to stay out of cuffs, according to Bachner. At that point, he has the option of hopping on a plane to New York to turn himself in, Bachner said.

Trump could also contest the warrant in court, but would almost certainly fail to convince a judge the underlying grand jury indictment is invalid, Bachner said. Losing that battle also gives prosecutors the chance to request that Trump be held on bail before he goes to New York, according to Bachner, which would defeat Trump's goal of avoiding jail time.


Florida also has an obscure process that could allow the Manhattan DA to bypass DeSantis


The second form of extradition in Florida is called warrantless pre-requisition arrest. It's more vaguely defined and is traditionally thought to be used for a citizen's arrest of fugitives, but New York prosecutors could likely use it to arrest Trump in Florida, according to Bachner and Holder.

That extradition method only works for felony charges, according to Holder, which means it could apply to the charges Bragg is reportedly seeking.

In that scenario, authorities would arrest Trump in Florida and take him in front of a judge for a probable cause hearing to prove he was criminally charged in New York with a felony. A judge would then order Trump's extradition. Trump's Secret Service detail would likely travel with him, as Insider previously reported, but are unlikely to be involved in any arrest process.

Former U.S. President Donald Trump, who announced a third run for the presidency in 2024, hosts a New Year's Eve party at his Mar-a-Lago resort in Palm Beach, Florida.


It's unclear, however, who does the arresting. The New York Police Department, which normally conducts arrests for charges brought by the Manhattan DA, does not have jurisdiction in Florida.

"We're not really sure who goes and makes the arrest," Holder said.

The most likely scenario in this case, according to Holder, is that the Manhattan DA's office would ask the Palm Beach sheriff's office to make the arrest since they have jurisdiction in the area. It would likely be up to Manhattan prosecutors, though, to make an argument for extradition in front of the Florida judge.


Trump likely won't have to spend time in jail


After Trump makes an initial appearance in New York court, he'll have a bail hearing, where the judge sets the conditions of his release ahead of trial.

At that hearing, Manhattan prosecutors may ask to keep him in custody or set a high bail amount to ensure he comes back to New York for future court proceedings.

Donald Trump leaving Trump Tower in Manhattan.


Fighting extradition might increase the chances that New York authorities would see him as a flight risk. But in all probability, there's a low risk he would flee, Holder pointed out. Trump is arguably the most famous person in the world and is running to be reelected as president of the United States. He would have a tough time as a fugitive from US law enforcement.

"He's not being charged with violent crime and he's not a flight risk," Holder said. "He's the former president. The bond would be something low because they can guarantee his return to court."

The judge might also take away Trump's passport, which wouldn't mean much either, since Trump could just ask the judge for permission to fly overseas if he wanted to.

In addition to charges from the Manhattan DA's office, Trump faces a litany of other legal risks ahead of the 2024 election, including criminal investigations in Georgia and from Justice Department Special Counsel Jack Smith, not to mention a smattering of civil lawsuits.

Fulton County District Attorney Fani Willis, in Atlanta, may also be close to making a charging decision against Trump. She's weighing whether to refer the findings of a special grand jury, which investigated Trump's interference in Georgia's 2020 elections, to an ordinary grand jury, which can bring criminal charges.

Newsletter

Related Articles

0:00
0:00
Close
From Sunniest Year on Record to Terror Plots and Sports Triumphs: The UK’s Defining Stories of 2025
Greta Thunberg Released on Bail After Arrest at London Pro-Palestinian Demonstration
Banksy Unveils New Winter Mural in London Amid Festive Season Excitement
UK Households Face Rising Financial Strain as Tax Increases Bite and Growth Loses Momentum
UK Government Approves Universal Studios Theme Park in Bedford Poised to Rival Disneyland Paris
UK Gambling Shares Slide as Traders Respond to Steep Tax Rises and Sector Uncertainty
Starmer and Trump Coordinate on Ukraine Peace Efforts in Latest Diplomatic Call
The Pilot Barricaded Himself in the Cockpit and Refused to Take Off: "We Are Not Leaving Until I Receive My Salary"
UK Fashion Label LK Bennett Pursues Accelerated Sale Amid Financial Struggles
U.S. Government Warns UK Over Free Speech in Pro-Life Campaigner Prosecution
Newly Released Files Shed Light on Jeffrey Epstein’s Extensive Links to the United Kingdom
Prince William and Prince George Volunteer Together at UK Homelessness Charity
UK Police Arrest Protesters Chanting ‘Globalise the Intifada’ as Authorities Recalibrate Free Speech Enforcement
Scambodia: The World Owes Thailand’s Military a Profound Debt of Gratitude
Women in Partial Nudity — and Bill Clinton in a Dress and Heels: The Images Revealed in the “Epstein Files”
US Envoy Witkoff to Convene Security Advisers from Ukraine, UK, France and Germany in Miami as Peace Efforts Intensify
UK Retailers Report Sharp Pre-Christmas Sales Decline and Weak Outlook, CBI Survey Shows
UK Government Rejects Use of Frozen Russian Assets to Fund Aid for Ukraine
UK Financial Conduct Authority Opens Formal Investigation into WH Smith After Accounting Errors
UK Issues Final Ultimatum to Roman Abramovich Over £2.5bn Chelsea Sale Funds for Ukraine
Rare Pink Fog Sweeps Across Parts of the UK as Met Office Warns of Poor Visibility
UK Police Pledge ‘More Assertive’ Enforcement to Tackle Antisemitism at Protests
UK Police Warn They Will Arrest Protesters Chanting ‘Globalise the Intifada’
Trump Files $10 Billion Defamation Lawsuit Against BBC as Broadcaster Pledges Legal Defence
UK Says U.S. Tech Deal Talks Still Active Despite Washington’s Suspension of Prosperity Pact
UK Mortgage Rules to Give Greater Flexibility to Borrowers With Irregular Incomes
UK Treasury Moves to Position Britain as Leading Global Hub for Crypto Firms
U.S. Freezes £31 Billion Tech Prosperity Deal With Britain Amid Trade Dispute
Prince Harry and Meghan’s Potential UK Return Gains New Momentum Amid Security Review and Royal Dialogue
Zelensky Opens High-Stakes Peace Talks in Berlin with Trump Envoy and European Leaders
Historical Reflections on Press Freedom Emerge Amid Debate Over Trump’s Media Policies
UK Boosts Protection for Jewish Communities After Sydney Hanukkah Attack
UK Government Declines to Comment After ICC Prosecutor Alleges Britain Threatened to Defund Court Over Israel Arrest Warrant
Apple Shutters All Retail Stores in the United Kingdom Under New National COVID-19 Lockdown
US–UK Technology Partnership Strains as Key Trade Disagreements Emerge
UK Police Confirm No Further Action Over Allegation That Andrew Asked Bodyguard to Investigate Virginia Giuffre
Giuffre Family Expresses Deep Disappointment as UK Police Decline New Inquiry Into Andrew Mountbatten-Windsor Claims
Transatlantic Trade Ambitions Hit a Snag as UK–US Deal Faces Emerging Challenges
Ex-ICC Prosecutor Alleges UK Threatened to Withdraw Funding Over Netanyahu Arrest Warrant Bid
UK Disciplinary Tribunal Clears Carter-Ruck Lawyer of Misconduct in OneCoin Case
‘Pink Ladies’ Emerge as Prominent Face of UK Anti-Immigration Protests
Nigel Farage Says Reform UK Has Become Britain’s Largest Party as Labour Membership Falls Sharply
Google DeepMind and UK Government Launch First Automated AI Lab to Accelerate Scientific Discovery
UK Economy Falters Ahead of Budget as Growth Contracts and Confidence Wanes
Australia Approves Increased Foreign Stake in Strategic Defence Shipbuilder
Former UK Prime Minister Boris Johnson proclaims, “For Ukraine, surrendering their land would be a nightmare.”
Microsoft Challenges £2.1 Billion UK Cloud Licensing Lawsuit at Competition Tribunal
Fake Doctor in Uttar Pradesh Accused of Killing Woman After Performing YouTube-Based Surgery
Hackers Are Hiding Malware in Open-Source Tools and IDE Extensions
Traveling to USA? Homeland Security moving toward requiring foreign travelers to share social media history
×