Update on Trump’s Coup: Do Not Think That This Is Guaranteed to End Well

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan explains why “being patient with Trump” is a recipe for disaster, why there are still reasons to be guardedly optimistic, and why this all could still end very badly. Buchanan argues that the present situation is not guaranteed end badly, but he cautions that a Trump coup is eminently possible.

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United States v. Robertson

Docket: 19-30237

Opinion Date: November 12, 2020

Judge: Richard G. Stearns

Areas of Law: Criminal Law

The Ninth Circuit considered whether vacating the indictment against a criminal defendant ab initio following his death during the pendency of a certiorari petition to the Supreme Court requires vacation of an order issued under the Criminal Justice Act (CJA) to make payments to reimburse in part the costs of his defense. After determining that the district court had jurisdiction to determine whether its CJA reimbursement order was within the scope of the abatement doctrine, the panel affirmed the district court's order on remand to enforce continuing obligations under the CJA reimbursement order. The panel held that the CJA reimbursement order is a final order not dependent in any way on defendant's conviction and is beyond the application of the abatement ab initio rule. The panel rejected claims of waiver and availability of funds under the CJA.