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The DOJ Is Trying to Apply the Section 3553 Factors
The DOJ is going to argue that these cases occur so infrequently that claiming you should treat somebody who tried to overthrow the government understates the seriousness of the offense. And I expect them to emphasize that the judge has significant discretion to apply the section 3553 factors. But either way, the DOJ took a hard case in a statute that is almost never prosecuted and won and established the groundwork for how you do it.