Prelogar failed to tell the whole story. Based on further analysis of the DOJ's J6 sentencing
chart, prosecutors have asked for an average of 40 months in prison. For a handful of defendants, prosecutors recommended prison terms as long as 78 months. The justices certainly have a lot to consider before deciding whether to overturn how the DOJ and federal courts have applied 1512(c)(2) in Jan 6 cases. Hopefully the justices also will review what appears to be Prelogar’s subterfuge on how the DOJ handles sentencing requests in these matters.