Social media influencers and brothers Andrew and Tristan Tate will remain in U.S. custody, a magistrate judge ruled on Wednesday, as they continue to fight their extradition to the United Kingdom on rape and sex trafficking charges.
In a surprise move during a custody hearing on Aug. 27, both brothers took the stand to argue for their release, claiming they were suffering egregious conditions in a Miami holding facility while denying the allegations against them. The Tates face similar accusations in Romania.
U.S. Magistrate Judge Lauren Louis presided over that August hearing and issued the ruling Wednesday.
“There is a well-established presumption against bond in extradition proceedings, reflecting among other interests the value the United States places on fulfilling its obligations under international law to a country requesting extradition,” she wrote in her order.
When hearing extradition cases, circuit and district courts apply the “special circumstances” test to determine whether a defendant should be granted release.
Unlike in a U.S. criminal case, where the government has the burden of proving a defendant is a flight risk, that task falls to the accused in foreign extradition proceedings. This means the Tate brothers and their lawyers had to prove they are not a flight risk, not a danger to the community, and that special circumstances exist to warrant their release.
The Tates testified, alongside their legal team, which argued the brothers are not flight risks because of their “perfect” track record for complying with their Romanian release conditions.
Department of Justice (DOJ) prosecutors pushed back on this argument, claiming that a perfect track record of compliance with criminal proceedings is not an impressive feat—rather, it’s expected and should not be considered as a special circumstance.
The brothers also claimed their vast wealth has been seized by the Romanian government, which they said has taken everything down to their children’s toys.
The Tates said on the stand about their viral online comments, referencing their self-proclaimed billionaire status, ownership of luxury cars and a super-yacht, and access to unrestricted funds, that it’s all merely part of the characters they portray on social media for clicks.
Andrew called his online statements “hyperbolic exaggerations for comedic effect.” Tristan referred to his brother’s “Top G” persona simply as an alter ego as a means to make a living.
“My brother is the only person in the world held accountable for a character he portrays,” Tristan testified about Andrew.
Louis appeared to accept in her order the Tates’ claims that they are not billionaires, but said it does “little to dispel the concerns” that they are still a flight risk.
“While [the brothers] may not in fact possess what extravagant holdings they portray themselves as possessing online, the record reflects that they possess an exceptional capacity to flee the jurisdiction,” Louis wrote.
This is a developing story and will be updated.
Friends Read Free
Copy
Facebook
Tweet
