Is Trump A Flight Risk?

Trump potentially faces a torrent of Criminal Charges, Federal and Civil, including Charges linked to the deadly Insurrection at the U.S. Capitol, making Prosecutors worry that he is a Flight Risk.

Trump’s Real Estate empire extends to multiple Properties in Countries that don’t have Extradition Treaties with the U.S. And Trump publicly mused that he’d leave the Country if he lost to Biden.

Douglas McNabb, a Private Attorney with Expertise in International Extradition defense, said that if Criminal Charges are brought, Trump fits the bill for becoming a Fugitive from Justice. “He’s got money. He’s got property. He’s got access,” McNabb said. “The government would argue that he’s a flight risk.”

If charged, Trump could flee to any number of Properties he owns around the world. He owns a hotel and tower in the United Arab Emirates (UAE) and a Hotel project in Azerbaijan, Two Countries that don’t have Extradition Treaties with the U.S.

Trump may also be protected if he goes to his Country Clubs in Scotland or his Resort in Ireland. Extradition is a difficult process even when Countries have a Solid Agreement.

Retired Brig. Gen. Peter Zwack, a former Army Intelligence Officer. “I’ll bet the feasibility of fleeing has come up because, in my mind, it is the only way to avoid instant accountability and reckoning.”

Claire Finkelstein, Director of the Center for Ethics and the Rule of Law at the University of Pennsylvania Law School, said the prospect of a former President on the lam is “Extremely embarrassing. It would make us look like a Middle Eastern dictatorship. But the whole thing is embarrassing. The insurrection at the Capitol is deeply embarrassing,” she said.

Trump is already facing a Legal onslaught from:

- Prosecutors in New York, Chicago, California, and his Two Scotland Gulf Clubs, related to Trump’s Business Financial Dealings.

- The Riot at the Capitol. Karl Racine (D), the Attorney General for the District of Columbia, said he’s looking at a Charge of Inciting Violence, against Anyone who spoke at the Rally. Washington’s U.S. Attorney Michael Sherwin pointedly Refused to rule out charging Trump in connection to the Riot. He said “anyone who had a role” could face Criminal Liability.

- Now Documents he took when he left the White House or Destroyed.

If he left for Scotland, Trump would be subject to one of the Strongest Extradition Treaties in the world. That U.S.-U.K. Agreement nevertheless has Loopholes and is Not immune from Political considerations. “It would be a very complicated thing to get a country to turn Donald Trump over to U.S. authorities,” Ms. Finkelstein said.

Once Overseas, Trump would have an array of Legal Protections he could raise to Block Extradition. One rarely used Defense, that could apply to a former President, is the Political Offense Exception (POE). Under the POE, an Exiled World Leader can claim his alleged Crimes were in the context of a Political Struggle, and should Not be treated like Ordinary Crimes. McNabb said the potential Charges in Washington may be Avoided under that Exemption. “The exception is often raised by politicos, but they don’t fall within it,” he said. “President Trump could fall within because to qualify, an individual has to show there was an immediate physical riot or uprising and their charges arise out of that uprising.” To raise that Exception, however, Trump would be forced to Acknowledge he played a Role in the Uprising.

The Trump could also seek Political Asylum, arguing that he would be a Political Prisoner if he returned to the U.S. It would be up to the Country, whether or Not to grant Asylum. Some Countries could Reject the Request fearing alienating themselves from the Biden Administration, while other Countries might enjoy the Opportunity to thumb their nose at the U.S.

“This is a guy that will fashion himself as the exile-in-chief,” Zwack said. “I don’t think a lot of countries are going to want to take the heat for that unless it is a true adversary.”

As an Ex-President, Trump is entitled to Secret Service Protection. While Federal Law would bar Agents from leaving the Country with him if he fled to escape Justice, Agents could accompany him if he Legally visited another Country. If an Arrest Warrant or Criminal Charges are issued while he’s Overseas, the Foreign Country’s Law Enforcement would be required to carry out the Arrest. Under that scenario, the Secret Service would be required to stand down. “The Secret Service would have to step back, but it would be an interesting situation,” McNabb said. “If they continued to protect President Trump that would make them part of a conspiracy to prevent a criminal defendant from returning to the United States.”










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