A judge ordered Kevin Seefried on Jan. 6 to be released pending an appeal of his conviction.
Last year, Seefried sentenced to 3 years in prison On January 6, he was convicted of five criminal charges, one felony and four misdemeanors, and sentenced to federal prison for his role.
Then, last December, the Supreme Court agreed to hear the case. Fisher v. United StatesCases concerning the proper application of 18 USC § 1512(c), a felony statute that federal prosecutors are using against Jan. 6 as “obstruction of an official proceeding.” If the Supreme Court rules that the statute does not apply to the Jan. 6 defendants, the felony convictions of Seefried and hundreds of others would be vacated, resulting in significantly reduced sentences. .
Given that the Supreme Court agreed to hear the case, Seefried asked the judge to release him pending appeal.
On January 8, U.S. Attorney Matthew Graves asked a judge not to release Seefried.grave claimed:
Seefried is unable to prove by clear and convincing evidence that he does not pose a danger to the community or pose a flight risk. Nor can he prove it…Fisher’s sentence will likely reduce his prison sentence to less than the time already served plus the expected duration of the appeals process.
But U.S. District Judge Trevor McFadden strongly disagrees with the government.
“The January 6 riot was truly the culmination of a unique confluence of events never before seen. “We have not provided any evidence to the court to suggest that, if so, does it provide any evidence that Seefried would participate in another riot?” the judge said. wrote in his command on tuesday.
“Instead, the government is evoking a public mood about a “hot presidential election” and “political upheaval.” And whether this “upheaval” will ultimately lead to Seefried reoffending “It will leave the court guessing,” he said.
Mr McFadden described the government’s argument as a “fact-based approach”.
“Ultimately, the government’s claims do not include any Seefried-specific facts. Instead, they are purely class-based,” he charged. “Those who are already in prison as a class cannot be released. The defendants of January 6th, as a class, cannot be released in an election year.”
“Ultimately, if certain facts about Seefried lead the government to believe that he may be involved in imminent criminal activity, the government remains open to options. “Without a single person, a court cannot deprive a citizen of his or her liberty based on speculation,” McFadden explained. “The court reaffirms its previous finding because the government has not presented any reason to believe that its previous concessions regarding the risks of Seefried flights are no longer valid.”
“Clear and convincing evidence shows that Mr. Seefried is unlikely to flee the jurisdiction or cause harm to the community while on release,” McFadden asserted.
Mr. McFadden ordered Seefried to be released one year before his surrender date (May 31, 2023). This means he will be released within two months.
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