Yes, Trump Is (Still) Engaged in an Attempted Coup; and Yes, It Might Lead to a Constitutional Crisis and a Breaking Point

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan explains why Donald Trump’s actions reflect an attempted coup and might still lead to a constitutional crisis. In this column, Buchanan first explains what a coup is and describes the ways that Trump has failed in his attempts thus far. Buchanan warns about how all this could still end in a constitutional crisis that Trump creates and exploits to stay in power.

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United States v. Jones

Docket: 20-3701

Opinion Date: November 20, 2020

Judge: Karen Nelson Moore

Areas of Law: Civil Procedure, Civil Rights, Criminal Law

In 2019, Jones pleaded guilty to possession with intent to distribute and distribution of cocaine base and was sentenced to the mandatory minimum of 10 years’ imprisonment. Jones filed a pro se emergency motion, seeking compassionate release because of the pandemic. Jones may have respiratory issues, is over 40 years old, and is obese. One out of every four prisoners has tested positive for COVID-19 in the prison where Jones is incarcerated. District courts may reduce the sentences of incarcerated persons in “extraordinary and compelling” circumstances, 18 U.S.C. 3582(c)(1)(A). Previously, only the Bureau of Prisons could file motions for compassionate release. The Bureau rarely did so. The 2018 First Step Act allows incarcerated persons to file their own motions. The Sixth Circuit affirmed the denial of Jones’s motion. In making sentence-modification decisions under section 3582(c)(1)(A), district courts must find both that “extraordinary and compelling reasons" warrant the reduction and that the "reduction is consistent with applicable policy statements issued by the Sentencing Commission” before considering relevant 18 U.S.C. 3553(a)sentencing factors. Sentencing Guideline 1B1.13, which has not been amended to reflect the First Step Act, is not an “applicable” policy statement in cases where prisoners file their own motions. District courts must supply specific factual reasons for their decisions. Here, the court found for the sake of argument that an extraordinary and compelling circumstance existed but that section 3553(a)'s factors counseled against granting release.