They are already leaning on the states to accept the settlement. The DOJ doesn't want the states to go forward because it will look foolish if the states get a harsher penalty then the DOJ negotiated.

Worse yet for the DOJ/MS settlement is that the hearing of the settlement will be going on at the same time as the hearings for the states. If the states do convince the judge that a harsher penalty is required, then how can she approve the settlement as being in the best interest?

Jay