Ex parte Limbaugh

(concurring specially) :

This is an original mandamus action to activate the District Attorney of the 15th Judicial Circuit into seeking a writ of habeas corpus ad prosequendum. If issued, the petitioner would be delivered by the agents of the Attorney General of the United States to the Circuit Court of Montgomery County for trial.

As I understand the governing regulations for “lending” a Federal prisoner to a State for trial, the State must agree to pay the cost and to return the prisoner to the designated United States marshal. See Smith v. Hooey, 393 U.S. 374, 89 S.Ct. 575, 21 L.Ed.2d 607,…