Judge Grants Jan. 6 Defendant’s Release Request

A judge in Washington, D.C., recently granted the release request of a prisoner who was arrested for his participation in the events at the U.S. Capitol on Jan. 6, 2021. 

Judge Trevor McFadden, an appointee of former President Donald Trump, ruled to release Kevin Seefried after he was arrested for carrying a Confederate flag inside the U.S. Capitol building. 

Seefried was convicted last February and sentenced to three years in prison for obstructing an official proceeding and four separate trespassing and disorderly conduct misdemeanors, which threatened a potential 23-year sentence.

After Seefried’s conviction, he not only appealed the verdict but requested that he be released from prison immediately. His request followed the agreement of the Supreme Court to take a case of a Jan. 6 defendant, challenging the Department of Justice’s interpretation of the events. 

This case became referred to as Fischer V. United States. At the center of the Fischer case is the obstruction charge, which lists more than 100 defendants, including former President Donald Trump. 

The court granted certiorari for Fischer v. United States on Wednesday after a fellow defendant, Joseph Fischer, appealed his felony charge. 

Three different J6 defendants have petitioned the Supreme Court to take on more Jan. 6 cases, which could potentially lead to the Supreme Court striking down the DOJ’s interpretation of the obstruction charge.

The Supreme Court agreed to take on the Fischer case in December and scheduled verbal arguments from the defendants for April 16, 2024. The hearing of this case and the justices’ ruling could potentially lead to the drop of Fischer’s felony charge altogether. 

United States Attorney Matthew Graves wrote a public statement on Jan. 8 stating that Seefried’s release would be “releasing defendant into the same political maelstrom that led him to commit his crimes in the first place,” adding, “The prospect of this additional time may make it more likely that he flees rather than returning to prison.” 

Judge McFadden fired back at Graves on Wednesday, defending his ruling, stating that Seefried had “satisfied two key prongs, including showing he is not likely to flee or pose a danger … if released” and that “the government failed to prove the defendant is likely to re-offend.”