Eric Holder actually said...

I think we are dealing there with a hypothetical in a world that I think does not exist.

If we are going to be really cracking down on gun crime, there are reasonable explanations as to why we have those numbers.

The South is a different place. And yet the need for Section 5 is still evident.

I think that is a good use of prosecutorial discretion, to look at the conduct, regardless of what the statutory maximums were.