Can Donald Trump Escape Prosecution in New York by Moving to Florida?

Despite some claims and beliefs, moving to Florida would not provide Donald Trump with a safe haven from potential prosecution in New York. In this article, we will explore the legal principles at play and clarify common misconceptions about Trump's legal responsibilities and movements.

Legal Principles: Federal Law and Prosecution

Michael Fiorot offers a clear and concise explanation of the legal framework governing Trump's potential prosecution in New York.

Constitutional and Federal Jurisdiction

The United States Constitution and federal laws, specifically the United States Code, govern the prosecution of individuals, regardless of their current place of residence. Michael emphasizes that anyone, regardless of where they are domiciled, can be prosecuted for federal crimes, including criminal acts contained in the United States Code, by the United States Attorney in the appropriate district.

Out-of-State Prosecution

Interestingly, Michael also addresses the misconception that a defendant can avoid prosecution by leaving the state or even the country. He points out that if Trump were to move to Florida or anywhere else, it would not exempt him from prosecution if criminal acts are alleged to have taken place in New York. Furthermore, if Trump absconds, he can still face trial in absentia.

Criminal Immunity and Diplomatic Privilege

Michael clarifies that only members of a nation’s diplomatic corps, who have immunity while serving, are exempt from prosecution. This immunity does not extend to private citizens, even those who may have diplomatic connections.

Trump's Move to Florida and Legal Considerations

Another significant aspect addressed by Michael is the rationale behind Trump's move to Florida. Contrary to popular belief, it was not motivated by a dislike of New York or criminal investigations, but rather by Florida's bankruptcy laws. Specifically, the state's laws allow individuals to retain more assets during bankruptcy, including their personal residences.

Bankruptcy Benefits in Florida

Trump has recognized his financial difficulties and the potential need for bankruptcy protection. This move was strategic, given that Florida’s bankruptcy laws permit more flexibility for debtors. A primary benefit is that a bankrupt individual's personal residence is exempt from sale, a crucial consideration for maintaining stability and preserving personal assets.

Tax Implications and Misconceptions

There is a false belief that Trump's move to Florida exempts him from paying taxes owed to New York State. However, Michael dispels this myth, stating that if Trump incurred tax on real or personal property, earned income, or capital gains in New York, he remains liable for taxation, even if his advisors seek to exempt such income from payment.

Consequences of Avoiding Prosecution

Michael concludes by noting that if Trump were to flee and be convicted in absentia in New York, his situation would become more severe. Not only would he face immediate jail time if convicted, but the court would also exert pressure on Florida to extradite him. This scenario would closely resemble the fate of Michele Sindona, who was a significant figure in the Franklin National Bank scandal and faced similar challenges.

Closing Thoughts

In conclusion, Donald Trump's move to Florida is a strategic move based on the state's bankruptcy laws, not as a means to evade prosecution in New York. Legal residents and non-residents alike are subject to U.S. federal laws, and there is no escape from prosecution if allegations of federal crimes are made. Understanding these legal principles is crucial for anyone navigating the complex world of American law.