Why Kyle Rittenhouse May Not Be Extradited to Kenosha, Wisconsin

Kyle Rittenhouse, the 17-year-old accused of murdering two people in Kenosha, is due to appear in court to face the charges.

Rittenhouse, from Antioch, Illinois, will appear virtually at a court in Lake County, Wisconsin, as his lawyers attempt to argue that the murder charges against him are "politically motivated" and that he was acting in self-defense when he shot and killed Anthony Huber and Joseph Rosenbaum on August 25.

The suspect has been held in custody in Illinois since he handed himself into police the day after the shootings.

According to court documents, seen by The Associated Press, his lawyers are fighting the 17-year-old's extradition from Illinois to Wisconsin to stand trial, claiming the process would violate his constitutional rights.

They also alleged that authorities in Wisconsin and Illinois did not follow the correct legal technicalities to enforce an extradition.

The documents reiterate previous arguments that Rittenhouse has been falsely painted as a white supremacist after joining up with right-wing militia groups when he arrived at the protests in Kenosha and therefore cannot face a fair trial.

His defense team says the 17-year-old traveled across state to Kenosha to protect the city from those rioting during Black Lives Matter protests and provide medical care to the injured people.

His lawyers have also argued that extraditing Rittenhouse "would be to turn him over to the mob."

"The premature and unsupported charges are contributing to unwarranted public condemnation," his attorneys wrote. "Rittenhouse has been publicly branded a 'mass murderer,' a 'terrorist,' a 'racist,' and more."

Speaking to ABC 7, legal analyst Gil Soffer said the lawyers' argument that Rittenhouse should not be extradited because he will face a "mob" may not hold up in court.

"It's a legal defense to say that he was arrested improperly, that the paperwork is entirely insufficient...that there are some serious constitutional defects with the entire process," Soffer said. "To say that he'll be turned over to the mob is not an argument that's going to get much traction with the court."

Earlier this month Lin Wood, one of the lawyers representing Rittenhouse, said he plans to sue Democratic presidential nominee Joe Biden after he appeared to suggest his client is a white supremacist while tweeting a video attacking Donald Trump's "stand back and stand by" remarks about the Proud Boys.

While showing clips of violence by white supremacist groups and the neo-Nazi "Unite the Right" rally in Charlottesville, Virginia, in 2017, the video also shows a still of Rittenhouse on the night he is accused of killing two people and injuring one other at the protest over the shooting of Black man Jacob Blake by Kenosha Police.

The judge at the Lake County court is not expected to make a decision on the extradition process on Friday.

Rittenhouse is accused of two counts of first-degree intentional homicide, one count of attempted first-degree intentional homicide and two charges of first-degree recklessly endangering safety.

He is also charged with possession of a dangerous weapon by someone under the age of 18.

Wood has been contacted for comment.

Kyle Rittenhouse is seen cleaning the Kenosha County Courthouse prior to the shootings on August 25, 2020 in Kenosha, Wisconsin. The 17-year-old is due to appear in court accused of murder. Scott Olson/Getty