![]()
This comes down to over-sentencing for misdemeanor charges on J6. dims are going to have issues in "catch and release" murder suspects in NYC, DC, Chicago, LA, etc, while keeping misdemeanor charges in jail that have no criminal history, nor any reason to jump bail.
A man convicted of charges related to the January 6, 2021, riot at the U.S. Capitol is getting out of jail early due to the Supreme Court taking up a case that may affect the sentences of hundreds of defendants.
Kevin Seefried, a man from Laurel, Delaware, was sentenced to three years in prison for a felony conviction of obstruction of an official proceeding, as well as 12 months and six months for misdemeanor charges. The Department of Justice said that Seefried, as well as his son Hunter, were among the first to enter the Capitol and were photographed carrying a Confederate flag while inside.
That obstruction charge is at the center of a case picked up by the Supreme Court.
That case, Fischer v. United States, challenges the DOJ's use of the "obstruction of an official proceeding" charge, which has been used against January 6 defendants for allegedly disrupting the Electoral College certification. After the Supreme Court agreed to hear arguments in the case, some defendants filed for release pending the final ruling.
According to court documents, McFadden determined that Seefried does not pose a flight risk or a danger to his community and that his appeal was not "for the purpose of delay and raises a substantial question" that is likely to result in a reversal, new trial, a noncustodial sentence, or a custodial sentence that will have ended by the time the appeal is decided.
He noted that at least four Supreme Court justices are interested in taking up the challenge to the DOJ's obstruction charge use and that if the court rules In Fischer's favor, "it will almost certainly mean that Seefried's analogous conduct" did not violate the obstruction law.
"In that case, Seefried will be left serving only his sentences for the four misdemeanor convictions. But, by the time his appeal has concluded, those custodial sentences will have likely concluded," he wrote.
