Andrew and Tristan Tate have asked a US federal judge to grant them bail while they await a decision on their possible extradition to the UK.
The brothers filed a petition seeking their immediate release on bond, arguing that prosecutors have not shown they are a flight risk or a danger to the community. Bond has so far not been set pending the court’s decision on whether they should be extradited to Britain to face trial.
Their lawyers said the pair had no criminal history in the United States and had complied with release conditions during previous legal proceedings in Romania. They also argued that the longstanding presumption against bail in extradition cases was based on a misreading of a 123-year-old Supreme Court ruling.
Electronic monitoring or home detention could be imposed to ensure the brothers attend future hearings, their attorneys said.
UK extradition proceedings
Andrew and Tristan Tate were arrested in Miami on July 18 on provisional warrants issued at the UK’s request. British prosecutors have accused them of rape, sexual assault, human trafficking and other alleged sex offences linked to conduct between 2010 and 2017.
The Crown Prosecution Service has announced 32 additional charges against Andrew, including rape, trafficking for sexual exploitation, assault and offences involving indecent images of a child and extreme pornography.
Tristan faces six additional charges, including rape, sexual assault and trafficking for sexual exploitation. Both brothers deny all the allegations.
Their petition says they complied with Romanian court requirements, travelled internationally without fleeing and that there was no urgent need for their arrests in the United States.
The brothers have been held in the Special Housing Unit at the Federal Detention Center in Miami since their arrests. Their lawyers claim the conditions include limited recreation, one phone call a month, no television and restricted access to the prison shop.
The UK’s formal extradition request was filed on October 5, but no hearing has been scheduled.
