DOJ to Try to Extend Jan. 6 Prison Sentences if SCOTUS Strikes Down Key Charge

If Supreme Court tosses obstruction-of-Congress charges in Jan. 6 cases, DOJ would ask for consecutive prison terms or longer sentences, court filing says.

Tear gas blows through the crowd of protesters on the west plaza of the U.S. Capitol on Jan. 6, 2021. Roberto Schmidt/AFP via Getty Images

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.