Judge Denies Tate Brothers Bail in Extradition Fight
Judge Denies Tate Brothers Bail in Extradition Fight
The News
Andrew and Tristan Tate were denied bail Wednesday by a federal judge in Miami and will stay in jail while they fight extradition to the United Kingdom on sex crime charges.
U.S. Magistrate Judge Lauren Louis ruled the brothers failed to show they are not a flight risk, not a danger to the community, or entitled to special consideration for release.
"Respondents have failed to demonstrate that special circumstances here warrant relief," Louis wrote.
The brothers, dual U.K.-U.S. nationals held at the Federal Detention Center in Miami since July, deny all of the allegations.
The Charges
British authorities have brought a total of 59 criminal charges against the two men over conduct they say took place between 2010 and 2017, according to NPR.
U.K. prosecutors previously charged the brothers with 21 counts of rape, assault occasioning actual bodily harm and arranging or facilitating travel for sexual exploitation, with Andrew Tate also charged with controlling prostitution, NBC News reported. Additional charges filed last month against Andrew Tate, 39, include seven counts of rape, 15 counts of making or distributing indecent images of children and four counts of possession of extreme pornography. Tristan Tate, 38, was charged with six additional counts of rape plus sexual assault and sexual exploitation counts.
Timeline
The window in which U.K. authorities say the alleged offenses took place. Andrew Tate grew wealthy from a webcam porn business in that period before becoming a social media influencer with millions of followers.
Romanian authorities lift a travel ban on the brothers, who had been living in Romania. They immediately fly to Florida.
U.S. marshals arrest Andrew and Tristan Tate in Miami after the U.K. filed new charges and asked Washington to detain them. They have been held on a provisional arrest complaint ever since.
The White House says it will not intervene in the extradition case, an idea then-press secretary Karoline Leavitt dismissed at a briefing.
Judge Louis hears the brothers testify at an eight-hour detention hearing at the C. Clyde Atkins U.S. Courthouse in Miami, then delays her decision.
Romanian prosecutors announce a new indictment, accusing Andrew Tate of having sex with two minors and alleging Tristan Tate helped his brother and intimidated victims. Both are also accused of money laundering.
Louis denies bail. The brothers stay in the Miami detention center across the street from the courthouse.
Reactions
Prosecutors argued the brothers are dangerous and would run. They pointed to the men's own boasts about wealth, private jets, boats and multiple passports. Andrew Tate "has stated online that he has seven different passports and 15 driver's licenses so that if he is stopped by the authorities, he can 'pull out a license from some random country' to prevent authorities from determining his true identity," the U.S. attorney's office said.
The Tates' lawyers called those statements hyperbole — the brothers "playing a role" for their fans. They offered to surrender passports and accept GPS monitoring and home inspections. The brothers told the judge they are not flight risks because they repeatedly returned to Romania to check in with authorities there.
Longtime attorney Joe McBride has denied the allegations outright and said the incarceration is the "result of an unholy alliance between the enemies of free speech in the United States and the United Kingdom." After a July 20 hearing he said: "We are, of course, objecting to extradition because Andrew and Tristan are innocent."
U.K. prosecutors said in a filing this month that the brothers repeatedly sought the names of their accusers in exchange for a "security" fee worth tens of thousands of pounds and a promise not to identify them publicly, NBC News reported. The Crown Prosecution Service declined, citing the need to protect the complainants. McBride said that filing "drips falsehood from every page."
Shaul Brazil, a partner at BCL Solicitors in London who works on extradition cases, told NPR that bail is rare in such cases: "There is generally a fear … that the person could well flee the jurisdiction if they were granted bail."
What's Next
The next deadline is Sept. 16, when the U.K. is due to file its formal extradition request with the United States seeking custody of the brothers.
Judge Louis will then hold a hearing on whether the legal criteria for extradition are met — whether the treaty applies and whether the evidence establishes probable cause. No date has been set.
If she certifies the extradition, the defense can seek judicial review and a stay, and appeal as far as the Supreme Court. Brazil told NPR the appeals "could prolong the proceedings so that they lasted in the years rather than the months." If appeals are exhausted, the certification goes to the State Department and the brothers could ask the secretary of state to refuse extradition.
The Romanian case remains open alongside the Sept. 4 indictment.
More
Bail in international extradition cases is reserved for "special circumstances" under Supreme Court precedent. The State Department says only a very narrow set of circumstances qualify, such as a serious medical condition that cannot be treated in jail. The Tates argued their Romanian criminal case met the bar; Louis disagreed.
Andrew Tate, a former professional kickboxer, built a vast online following espousing misogynistic and hypermasculine views, and once told an interviewer there was "no way you can be rooted in reality and not be sexist." He and his brother have been vocal supporters of President Trump, and the case has tested the political ties they built with right-wing figures in the U.S.
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