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WHAT HAPPENS NEXT TO ANDREW AND TRISTAN TATE? (Update)
Currently, the Tate brothers are still being held in FDC Miami.
The UK had until Sept 16 to provide substantiating evidence for the extradition request.
They provided this evidence on Sept 9.
That information was provided to the US State Department.
The State Department is reviewing this information. Presumably they can send it back to the UK if they see any problems with it, but I'm pretty sure the State Dept will just approve it as it is.
Once the State Dept has reviewed this information the UK provided, it will then be sent to the Department of Justice Office of International Affairs (DOJ OIA).
Then, the DOJ has the opportunity to review the information and prepare it to submit to the Court.
Then, finally, when the Court receives this information from the UK, *THEN* the Court will schedule the actual extradition hearing, to determine if the brothers will be sent to the UK.
It is possible that the State Department and Department of Justice could each take weeks or MONTHS for this review process, before even sending this information to the Court.
In the meantime, the brothers will continue to be held in prison.
Right now there is a lot of uncertainty. We don't know how long the State Dept and DOJ will take in their review of the information the UK provided. We don't know when the extradition hearing will be scheduled. It could be months before we know much of anything else.
In the meantime, please continue sending prayers and letters.
The brothers read every letter we send them.
Write them letters here (plain paper, no pictures or other materials, make sure your return address is on the envelope):
Emory Andrew Tate, 52354-506
FDC Miami Federal Detention Center
P.O. Box 019120
Miami, FL 33101
Tristan Tate, 52355-506
FDC Miami Federal Detention Center
P.O. Box 019120
Miami, FL 33101
For future updates, follow me @realBenTheBeast, @TateProtest, and the Tate Brothers' lawyer @McBrideLawNYC
#FreeTopG #FreeTheTates
Ben The Beast retweeted
Every retweet of this post will equal a dollar given to children with Leukemia.
Ben The Beast retweeted
I wish I was into eels and horses instead of little lying hoes, because then I probably wouldn’t be in jail.
Another brilliant move from Joe McBride for the Tate brothers.
UPDATE:
Judge Melissa Damian of the Southern District of Florida reviewed our habeas petition, did not dismiss it, and ordered the Government to show cause by October 21 why Andrew and Tristan Tate should not be released.
The Government must file every document and transcript necessary to resolve the petition, and its filing must be captioned a Response, not a motion to dismiss.
The Government must now justify my clients' detention on the full record before an American court.
FREE ANDREW AND TRISTAN TATE
Ben The Beast retweeted
UPDATE:
The final extradition hearings for Andrew and Tristan Tate are proposed for November 19 and 20.
The government wants two separate hearings on two separate days. We want one hearing for both brothers.
The government opposes consolidation, a joint hearing, and even letting Andrew attend Tristan’s hearing, or Tristan attend Andrew’s.
Divide and conquer.
The government also says we declined its protective order. CORRECT.
We still don’t have the name of any accuser.
The UK redacted and hid the accusers’ names in its extradition requests before sending them to the United States.
And the government admits it does not have the names.
Did our government even ask for them??
WE DEMAND THEM.
Instead, our government redacted additional information and told us we could peek only if we signed its strangulation order.
HARD PASS.
No names. No extradition.
FREE ANDREW AND TRISTAN TATE
Ben The Beast retweeted
An apartment I was sharing in 2014 with 5 other fighters was raided and I was arrested.
All of the devices were taken from the apartment and nothing happened. Nothing was found on them. All charges against me were officially dropped in 2019 regarding this raid.
The devices were then destroyed by the police because they refused to return them.
Now randomly in 2026 they say they have a download of the device (the device is confirmed destroyed) and found a group chat on it with 50 fighters in it sending around gore videos.
A man stepping on a landmine
Cartel cutting some guy's head off
Isis setting people on fire
Some guy fucking an eel
Bla bla. And are CHARGING me with this for indecent porn in a group chat?
Um… excuse me. I thought I was a human trafficker? I thought I had girls tied up in basements? From world's biggest human trafficker to an old group chat when I was 24?
Do you have any idea how pathetic and desperate this looks? Talk about scraping the bottom of the barrel. This is what 6 years of investigations have gotten you?
Is this why I’m in federal prison 15 years later? An old group chat?
IT WASN'T EVEN MY PHONE.
Clown world.
Ben The Beast retweeted
New York Democrats have declared WAR ON THE AMISH. Thanks to their unconstitutional attack on religion, they're now able to fine EACH unvaccinated Amish child $2,000 EVERY SINGLE DAY.
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The $118,000 bill is one day, not the cap. Three one-room schools alone already owe that much for 59 children, at $2,000 each.
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Health Commissioner Mary Bassett imposed it on December 15, 2022. She called the sum conservative because it assumed only one day out of compliance.
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Dygert Road was billed $52,000 for 26 children. Pleasant View was billed $46,000 for 23.
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Shady Lane was billed $20,000 for 10.
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Footnote 9 of the Second Circuit opinion records the state's view. Each day an unvaccinated student attends is a fresh violation and a fresh $2,000 fine.
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Another day for those 59 children is another $118,000. A 180-day year at that rate is about $21 million, and the families say they cannot pay the first bill.
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Joseph Miller, Jonas Smucker, and Ezra Wengerd run the schools. The schools sit in Clymer and Heuvelton, plus the Canajoharie settlement, and take no public money.
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They had a religious exemption for decades. On June 13, 2019, Democrats repealed it after measles spread through Orthodox Jewish neighborhoods in Brooklyn and Rockland County.
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Governor Andrew Cuomo signed the bill. Governor Kathy Hochul left it in force.
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A parent may not excuse a child for faith.
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Senator James Skoufis said the exemption was made up and fake. Assemblyman Jeffrey Dinowitz called it utter garbage.
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Counsel Aaron Siri told the New York Post the families can pay only if the state takes their land. Some in the community have talked of leaving the state.
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The case is Miller versus McDonald. The Second Circuit ruled against them on June 30 in 2026.
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A Supreme Court petition was due around September 28.
Make sure EVERYONE sees this. If WE don't stand up for these incredible men and women - WHO WILL?!?!?!
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Where is the “my body my choice crowd now”? 
Ben The Beast retweeted
ANDREW AND TRISTAN TATE PETITION MIAMI FEDERAL COURT FOR WRIT OF HABEAS CORPUS, CHALLENGE DETENTION WITHOUT BAIL AS UNCONSTITUTIONAL
(MIAMI, FL) Today, Andrew and Tristan Tate filed a 67-page Petition for Writ of Habeas Corpus in the United States District Court for the Southern District of Florida, Tate v. Blanche, Case No. 1:26-cv-27049, under 28 U.S.C. § 2241.
The petition seeks the immediate release of Andrew and Tristan on reasonable bond conditions and vacatur of the Order of Detention entered by Magistrate Judge Lauren Louis. The respondents are Attorney General Todd Blanche, Secretary of State Marco Rubio, U.S. Marshal for the Southern District of Florida Priscilla Perez Lopez, and E.K. Carlton, Warden of the Federal Detention Center in Miami (FDC Miami).
Andrew and Tristan, dual United States and United Kingdom citizens with no criminal history and no criminal charges pending in the United States, were arrested in Miami on July 18, 2026, on complaints for provisional arrest filed by the United States at the United Kingdom’s request.
Following a detention hearing on August 27, 2026, Magistrate Judge Louis denied bail, concluding that Andrew and Tristan had “failed to meet their burdens to demonstrate entitlement to release under either standard.” Andrew and Tristan have been held in the Special Housing Unit (SHU) at FDC Miami since July 18.
The government filed a redacted copy of the United Kingdom’s formal extradition request on October 5, 2026. No extradition hearing has been scheduled.
“Andrew and Tristan are American citizens with no criminal history, and they have spent every day since July 18 in the Special Housing Unit at FDC Miami, without a single disciplinary infraction, at the request of a foreign government, on allegations about a decade old,” said Joseph D. McBride, attorney and spokesperson for Andrew and Tristan Tate.
“Romanian authorities supervised my clients for more than three years, and the Romanian prosecutor found that they rigorously complied with the obligations imposed on them. The United Kingdom already holds a Romanian order for their surrender. There was no urgent situation in July, and there is none today.
“Since 1789, federal law has provided that a person arrested for a non-capital offense shall be admitted to bail. The presumption against bail in extradition cases comes from a misreading of a single passage in a 1903 decision, and in 123 years no discernible standard has developed for overcoming it.
“My clients are innocent, and they intend to vindicate their names in a British court. Until then, the Constitution of the United States governs their detention. Live free or die.”
Andrew and Tristan argue that extradition proceedings are criminal in nature, that federal law has treated bail as the norm in criminal cases since the Judiciary Act of 1789, and that the government, not the extraditee, should bear the burden of proving flight risk or danger to the community.
The petition argues that federal courts have misread the Supreme Court’s 1903 decision in Wright v. Henkel as creating a strong presumption against bail, when the decision confirmed that courts may set bail in extradition cases. In the 123 years since, no discernible standard has developed to define the “special circumstances” an extraditee must show to overcome that presumption.
The petition argues that the presumption violates the Eighth Amendment’s Excessive Bail Clause and the Fifth Amendment’s Due Process Clause, because it is applied arbitrarily without intelligible standards and because it disregards the presumption of innocence.
In the alternative, the petition contends that Magistrate Judge Louis erred in finding that Andrew and Tristan failed to show they pose no risk of flight or danger to the community, and in rejecting the special circumstances they presented.
On flight risk, the petition relies on Andrew and Tristan’s record in Romania, where they spent 1,193 days in detention, then house arrest, then judicial supervision.
On February 25, 2025, the Romanian prosecutor lifted the restrictions prohibiting Andrew and Tristan from leaving Romania, finding that Andrew and Tristan had “rigorously complied” with the obligations imposed and that “there are no plausible reasons to consider that they would have any intention of evading criminal prosecution and trial.”
Andrew and Tristan then traveled internationally and returned to Romania to report as required.
The petition argues that no diplomatic necessity requires detention, because the United Kingdom already holds a Romanian order for Andrew and Tristan’s surrender.
On March 12, 2024, the Bucharest Court of Appeal heard the United Kingdom’s request on the same January 19, 2024, warrants now before the Miami court, granted the request for surrender, and postponed surrender until the conclusion of the Romanian criminal case.
For more than two years, the United Kingdom respected that order. The United Kingdom’s access to Andrew and Tristan does not depend on their detention in Miami.
In the United Kingdom itself, rape is a bailable offense, and the governing rule for a defendant not yet convicted is a presumption in favor of bail.
A defendant in the United Kingdom whose extradition the United States sought for rape would be entitled to that presumption. The petition argues that where the requesting country grants bail, any diplomatic concern arising from release by a United States court is substantially diminished.
The extradition treaty between the United States and the United Kingdom authorizes provisional arrest “[i]n an urgent situation.” The petition states that neither the government’s sworn complaint nor its detention memorandum identifies any facts constituting an urgent situation.
The United Kingdom issued its warrants more than two years before the Miami arrest, for conduct alleged to have occurred about a decade before that. Beginning in March 2024, Andrew and Tristan’s English solicitors corresponded directly with Bedfordshire Police and the Crown Prosecution Service about these very charges.
Four days before the arrest, Andrew and Tristan publicly posted their location at the United States Capitol. Deputy U.S. Marshals did not have to search for Andrew and Tristan. The marshals attended a publicly advertised boxing match in downtown Miami where Andrew and Tristan were scheduled to appear.
The petition argues that the lack of genuine urgency, together with a documented record of appearance and compliance, supports the special circumstances warranting release.
The petition also challenges probable cause.
According to the United Kingdom’s formal extradition requests, the last alleged conduct occurred on August 18, 2017, and no complainant contacted the police until August 2022.
Three of the complainants did not report to the police; the police solicited information from them. Four of the complainants admit that sex within their relationships with Andrew or Tristan was consensual, in whole or in part.
Under Section 1 of the Sexual Offences Act 2003, rape requires that the defendant did not reasonably believe there was consent, and the petition argues that the United Kingdom’s own submissions raise substantial questions about whether the alleged conduct was criminal.
The petition argues that due process requires release because Andrew and Tristan are held in highly restrictive conditions of confinement, without probable cause, for an indefinite period.
Without any disciplinary sanction, Andrew and Tristan are in the SHU as a protective measure based solely on their notoriety.
According to a supervisory attorney at the Bureau of Prisons, the conditions there are five hours of recreation per week, one phone call per month, commissary access once every two weeks, and no television. FDC Miami denied counsel’s written request for non-SHU housing.



















