Can prosecutors evade vindictiveness claims any time they make a new charge against a defendant after the breakdown of plea negotiations, no matter the direct evidence, intervening events, or the passage of time?

In Blackledge v. Perry , 417 U.S. 21, 30 (1974), this Court recognized that the Due Process Clause precludes the government from increasing a defendant’s charges in retaliation for the exercise of a protected right. The federal circuits echo this principle, but the Ninth Circuit’s decision in this case ignores precedent and jeopardizes defendants ’ rights by deteriorating the burdens for vindictive prosecution claims. The question presented is : Can prosecutors evade vindictiveness claims any time they make a new charge against a defendant after the breakdown of plea negotiations, no matter the direct evidence, intervening events , or the passage of time?