Defendants Might Not See Reduced Prison Terms if Felony Obstruction is Struck Down, DOJ Says

If the U.S. Supreme Court strikes down the Department of Justice’s controversial use of an evidence-tampering law to prosecute Jan. 6 protesters, federal prosecutors indicate they would likely seek longer jail time on other charges to make up the difference. In a March 19 court filing in the case of Anthony Robert Williams, 48, of Southgate, Michigan, the DOJ said Mr. Williams should not assume his prison term would be lessened if the Supreme Court strikes down his lone felony charge. Under such a DOJ approach, prison time on other charges could be increased or prison terms could be set to run consecutively instead of concurrently, meaning the elimination of a felony count might not cut down prison time or result in release....