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[Myron Gaines @MyronGainesX]

To the USMS / BOP / Miami FDC @SecRubio:

As a former 1811 who personally processed and delivered hundreds of prisoners into this exact facility, I am raising a precise legal and operational concern regarding the Tate brothers.

They are currently on a USMS hold pending extradition approval/denial in proceedings.

They have not been convicted of any crime in the United States and, most importantly, are U.S. citizens, yet their status is that of extradition detainees.

Over more than three years of proceedings in Romania, the brothers appeared at every required court hearing and judicial proceeding — more than 40 in total — without missing a single one.

They even returned to Romania when summoned after travel restrictions were eased.

That is a clear and documented record of compliance.

Under Wright v. Henkel, 190 U.S. 40 (1903), bail in international extradition cases may be granted upon a showing of special circumstances. A consistent multi-year history of appearing for every required hearing constitutes precisely the type of special circumstance the Court contemplated. I formally request that the court give full and fair consideration to bond.

Further, under Bell v. Wolfish, 441 U.S. 520 (1979), individuals detained pending judicial proceedings cannot be subjected to conditions that amount to punishment. Restrictions must be reasonably related to a legitimate governmental objective. Arbitrary or unnecessarily harsh treatment fails that standard.

As U.S. citizens who have not been charged with any crime in the United States, the Tate brothers should not be subjected to detention-like restrictions based solely on allegations made by a foreign government.

At a minimum, they should be released under reasonable supervision, with appropriate reporting requirements and assurances they will appear for all required U.S. proceedings, meetings, or hearings.
@USMarshalsHQ @OfficialFBOP @DAGToddBlanche @TheJusticeDept @StateDept

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