Extradition
In 1997, Einhorn was tracked down and arrested in Champagne-Mouton, France, where he had been living under the name "Eugene Mallon." The extradition process, however, proved more complex than initially envisioned. Under the extradition treaty between France and the United States, either country may refuse extradition under certain circumstances and Einhorn used multiple avenues to avoid extradition.
Although his sentence was not the death penalty, Einhorn's defense attorneys argued that Einhorn would face the death penalty if returned to the United States. France, like many countries which have abolished the death penalty, does not extradite defendants to jurisdictions which retain the death penalty without assurance that the death penalty will be neither sought nor applied. Pennsylvania authorities pointed out that at the date of the murder, Pennsylvania did not have the death penalty and therefore Einhorn could not be executed, due to provisions in the U.S. and Pennsylvania Constitutions regarding ex post facto law. Einhorn's next strategy involved French law and the European Court of Human Rights which require a new trial when the defendant was tried in absentia, hence was unable to present his defense. On this basis, the court of appeals of Bordeaux rejected the extradition request.
Following the court's decision, thirty-five members of the United States Congress sent a letter to President Jacques Chirac of France, asking for Einhorn's extradition. However, under France's doctrine of the separation of powers, which was invoked in this case, the President cannot give orders to courts and does not intervene in extradition affairs.
As a consequence of this refusal, in order to secure the extradition of Einhorn and ensure that he was imprisoned for the murder he committed, the Pennsylvania legislature passed in 1998 a bill (nicknamed the "Einhorn Law") allowing defendants convicted in absentia to request another trial. In another delay tactic, the bill was criticized as being unconstitutional by Einhorn's attorneys and they tried to get the French courts to deny the extradition again, on the grounds that the law would be inapplicable. However, the French court ruled itself unable to evaluate the constitutionality of foreign laws. Another point of friction with the U.S. was that the court freed Ira Einhorn under police supervision — French laws put restrictions on remand (the imprisonment of suspects awaiting trial). Einhorn was then the focus of intense surveillance by the French police.
The matter then went before Prime Minister Lionel Jospin, since extraditions, after having been approved by courts, must be ordered by the executive. The French Green Party stated that Einhorn should not be extradited until the issues concerning his case were fully settled. Jospin rejected those claims and issued an extradition decree. Einhorn then litigated against the decree before the Conseil d'État, which ruled against him; again, the Council declined to review the constitutionality of foreign law. He then attempted to slit his throat to avoid prison for the murder, and eventually litigated his case before the European Court of Human Rights, which also ruled against him.
On July 20, 2001, Einhorn was extradited to the United States.
Read more about this topic: Ira Einhorn, Murder of Holly Maddux