Judge Rebukes DOJ Arguments Against Release of Jan. 6 Defendant

Contact Your Elected Officials

Kevin Seefried received a three-year prison sentence for obstructing an official proceeding.

A Jan. 6 defendant seeking to be released from prison was granted in part by the United States District Court for the District of Columbia this week.

The order, signed by U.S. District Judge Trevor McFadden on March 26, will grant (pdf) the release of Kevin Seefried, a defendant convicted for his role in the Jan. 6, 2021, Capitol breach, pending the appeal of his conviction.

This decision comes despite stark warnings from the Justice Department regarding the implications of such a move.

Mr. Seefried received a three-year prison sentence for obstructing an official proceeding among other charges, facing a potential maximum sentence of 23 years.

After his conviction, he appealed and requested release pending appeal, a request that gained new relevance when the Supreme Court decided to review a related case, Fischer v. United States, which could impact many Jan. 6 defendants.

The high Courtโ€™s decision on this case may influence the outcome of Mr. Seefriedโ€™s conviction, suggesting it could be vacated depending on the justicesโ€™ ruling.

Judge Notes Deja Vu

The decision to release Mr. Seefried is grounded in the ongoing legal debate over the application of 18 U.S.C. ยง 1512(c), the obstruction of an official proceeding statute, beyond the context of โ€œevidence impairment.โ€

โ€œSeefriedโ€™s current motion is dรฉjร  vu all over again,โ€ Judge McFadden wrote.

This legal question is currently under review by the Supreme Court in a related case, Fischer v. United States, which directly challenges the scope of ยง 1512(c) and its application to the Jan. 6 defendants.

Judge McFadden, in his memorandum order, outlined that the release is premised on two conditions mandated by 18 U.S.C. ยง 3143(b): a defendant is not likely to flee or pose a danger to the community if released, and that the appeal raises a substantial question likely to result in a significantly lesser sentence or reversal.

Judge McFadden found that Mr. Seefried met both conditions, noting a lack of evidence to suggest Mr. Seefried would flee or pose a danger, and that the Supreme Courtโ€™s review of Fischer represents a substantial question of law that could materially affect Mr. Seefriedโ€™s conviction.

Judge McFadden noted the argument of the Justice Department that, in their belief, he now knew the โ€œday-to-day reality of confinement in prisonโ€ and was therefore โ€œmore likelyโ€ to flee than return to prison.

Byย Chase Smith

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Epsteinโ€™s Niece Exposes the Illuminati!

There is a shocking interview by the podcaster Shaun Attwood, an English former ecstasy trafficker turned YouTube podcaster, speaker, activist, and author.

When Gynocrats Attack: Innocent Locker Room Talk Interrupted By Rabid Karen

The question posed: โ€œWho do you think has a...

Obamaโ€™s Treason is a Betrayal of American Democracy and Demands Real Accountability

Few scandals have cast a longer shadow than the 2016 Russia investigationโ€”the manufactured crisis by President Obama designed to cripple Trump's presidency.

Chronic Grievous Insufficiency

A president's physical vigor, stamina, and mental acuity are essential to his ability to fulfill the duties of office and those qualities should matter with no regard to party affiliation.

Russiagate – Obama’s Coup Against Trump?

I had little confidence in wrongs committed by D.C. official elites being rectified, but Gabbardโ€™s disclosures provides impetus for reassessment.

Professional Wrestling Legend, Hulk Hogan, Dies at 71

Hulk Hogan, former WWE superstar and one of the most recognizable figures in the sports entertainment industry, has died at 71 years old.

Pediatrician Group That Recommends Weight Loss Medications for Children Receives Money From Manufacturers: Study

AAP has taken in millions from companies manufacturing weight loss drugs, raising concerns about their endorsement of the drugs for children.

Declassified House Report Details โ€˜Substandardโ€™ Intelligence Methods Used in Russia Assessment

2020 declassified intelligence report found several intelligence reports suggesting Putin helped Trump leading to 2016 election were โ€œsubstandard.โ€

Columbia University Agrees to Pay $200 Million to Restore Federal Funding

Columbia Univ will pay $200 million to resolve allegations that it discriminated against Jewish students, in exchange for restoration of federal grants.

Trump Doesnโ€™t Support Government Doing Business With Muskโ€™s AI Company: White House

Trump is not interested in allowing the federal govt to do business with Elon Muskโ€™s AI company, WH press secretary Karoline Leavitt said on July 23.

Trumpโ€™s Tariffsโ€”A Closer Look at Who Pays and How

Since President Donald Trumpโ€™s return to the White House, tariffs have been the centerpiece of the administrationโ€™s economic agenda.

Trump Announces Trade Deal With Japan

With Aug. 1 deadline approaching, the US has reached a trade agreement with Japan, U.S. President Trump announced on social media on Tuesday.

Trump Considering Eliminating Capital Gains Tax on Houses

President Donald Trump is thinking about abolishing the capital gains tax on houses to improve the U.S. housing market.
spot_img

Related Articles