By DAVID FISCHER
MIAMI (AP) — Attorneys for social media influencers Andrew and Tristan Tate argued Friday that the brothers’ high-profile, public lives and other factors constitute special circumstances for their release as they fight extradition to the United Kingdom, where the brothers are accused of rape and sex trafficking.
The defense attorneys filed a motion for release in Miami federal court, where a judge will next week determine if the brothers should stay in jail or be released during what could be a monthslong extradition process.
The brothers have repeatedly denied wrongdoing. Prosecutors must file a response to the motion by Monday.
The detention hearing is likely to be the first time the Tates leave the Federal Detention Center in Miami since making a brief court appearance two days after their July 18 arrest. The Tates have become among the world’s most polarizing internet personalities with their promotion of wealth, male dominance and misogyny through their social media empire. The new allegations are the latest in the Tates’ long-running international legal saga spanning the U.S., Britain and Romania.
The brothers claim special circumstances for their release
The defense motion acknowledges there is a presumption against bond in extradition proceedings but argues that release can be granted in special circumstances. It says the Tates’ high profile makes it nearly impossible for them to flee, and that they regularly post updates about their locations on social media.
Prosecutors call the brothers a flight risk but their attorneys said they have proved they are not, by complying with all pretrial restrictions in Romania, where they are accused of luring women for sexual exploitation.
“Every prediction the government now asks this Court to make about the brothers’ future conduct — that they will flee if released — has already been made and answered by three years of data showing that they do not flee,” the motion says.
The U.K. has until mid-September to provide evidence to the State Department to support extradition, meaning the brothers could spend months in FDC Miami before the proceedings are resolved, the motion says. No date has been set for an extradition hearing. They are being held in a special unit for their own protection.
“The Tates have limited contact with their families, no television, no radio, and no commissary access,” the motion says. “They sleep without pillows, on bunks shorter than they are tall.”
It says holding a detainee who hasn’t been convicted of a crime under such conditions violates due process.
They have a history of legal troubles
The brothers have long claimed that their violent and misogynistic statements have been taken out of context or were intended as jokes.
The former professional kickboxers, who have dual U.S. and U.K. citizenship, have millions of social media followers and are vocal supporters of President Donald Trump. The White House has said the brothers shouldn’t expect any help from the president.
British prosecutors said the new charges relate to four new accusers and were brought after authorities received evidence from police in Bedfordshire, in southeastern England. The allegations, which span from 2010 to 2017, include rape, assault, trafficking and offenses relating to “indecent images of a child and extreme pornography.”
The brothers are already charged with rape, bodily harm, human trafficking and controlling prostitution for gain relating to three other accusers in the U.K. between 2012 and 2015.
The brothers moved to Romania in 2016 and were arrested there in 2022, accused of participating in schemes to lure women for sexual exploitation. They denied those allegations, and the Romanian case hasn’t moved forward due to legal and procedural problems.
The Tates’ attorneys have said the Romanian court has granted a U.K. request for extradition that will take effect after Romanian proceedings conclude.
“What the United Kingdom seeks now is to shop for a second forum and a second judge in order to jump ahead of the Romanian proceedings and bypass the Romanian order that deferred surrender of the brothers,” the motion said. “The Court should decline and release the brothers on conditions.”
Andrew Tate, 39, became famous a decade ago when he was a contestant on the U.K. reality television show “Big Brother.” He was ejected from the show when a video appeared to show him assaulting a woman.
He has amassed over 10 million followers on X but has been banned from other platforms, including YouTube, TikTok and Instagram, for violating hate speech guidelines. He has made widely condemned comments, such as saying women who are sexually assaulted should bear some responsibility for the attacks and sharing graphic descriptions of how he might attack women.
Tristan Tate, 38, has worked with his brother on multiple businesses, including the production of online webcam pornography.