Federal judge orders release of Jan. 6 defendant while condemning DOJ for 'fact-free approach'

A judge has ordered that Jan. 6 defendant Kevin Seefried be released from prison pending the appeal of his conviction.

Last year, Seefried was sentenced to serve three years in federal prison for his role in Jan. 6 after being found guilty on five criminal charges, one felony and four misdemeanors.

Then, last December, the Supreme Court agreed to hear Fischer v. United States, a case concerning the proper application of 18 U.S.C. § 1512(c), a felony statute that federal prosecutors are using against Jan. 6 for "obstruction of an official proceeding." If the Supreme Court rules the statute cannot be applied to Jan. 6 defendants, then Seefried and hundreds of others would have their felony convictions vacated, resulting in substantially lighter sentences.

In light of the Supreme Court agreeing to hear the case, Seefried asked a judge to release him from prison pending appeal.

On Jan. 8, U.S. Attorney Matthew Graves asked a judge not to release Seefried. Graves argued:

Seefried cannot establish by clear and convincing evidence that he does not pose a danger to the community/is not a flight risk; nor can he show that ... it is likely that the outcome in Fischer will result in a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.

But U.S. District Judge Trevor McFadden strongly disagrees with the government.

"The riot on January 6th was the culmination of a unique — indeed, never-before-seen — confluence of events. The Government provides the Court no evidence suggesting that any of the events that led to that riot are reasonably likely to recur. Nor does it point to any evidence that Seefried would participate in another riot if they did," the judge wrote in his order on Tuesday.

"Instead, the Government invokes general atmospherics about a 'fiercely contested presidential election' and a 'political maelstrom.' It then leaves the Court to speculate that this 'maelstrom' will ultimately result in Seefried reoffending," he explained.

McFadden described the government's argument a "fact-free approach."

"Ultimately, none of the Government’s arguments involve any facts specific to Seefried. Instead, they are purely class-based," he condemned. "People who have already gone to prison, as a class, cannot be released. January 6th defendants, as a class, cannot be released during an election year."

"In the end, if specific facts about Seefried lead the Government to believe that he is imminently likely to engage in criminal conduct, options remain open to the Government. But without those facts, the Court cannot deprive a citizen of his liberty based on guesswork alone," McFadden explained. "Because the Government has presented no reason to believe that its previous concession about Seefried’s flight risk is no longer valid, the Court reaffirms its previous finding."

"By clear and convincing evidence, Seefried is not likely to flee the jurisdiction or pose a harm to the community during his release," McFadden declared.

McFadden ordered Seefried released from prison one year to the date of his surrender, which was May 31, 2023. That means he will be released in two months.

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