Judge agrees to release Jan. 6 rioter on appeal, says similar ‘political maelstrom’ unlikely to occur again

Kevin Seefried is seen carrying a Confederate flag inside the U.S. Capitol on Jan. 6, 2021 (via FBI court filing).

On Wednesday, Donald Trump-appointed U.S. District Judge Trevor McFadden granted a request from convicted Confederate flag-wielding Jan. 6 rioter Kevin Seefried to be released from prison pending his appeal, saying prosecutors provided no evidence to suggest he poses a threat or that “events that led to the riot are reasonably likely to recur.”

Seefried was sentenced to three years in prison last February, Law&Crime previously reported, after he was charged with obstruction of an official proceeding — a felony with a potential 20-year prison sentence — and four trespassing and disorderly conduct misdemeanors that carry a potential combined three years behind bars.

After he was convicted, Seefried appealed the verdict and sentence and then successfully moved for his release from prison pending appeal. The 11-page order issued Wednesday underlines this, noting that it was not long after he made that request that the U.S. Supreme Court agreed to take up the case of Fischer v. United States. That case directly impacted Seefried’s case as well as hundreds of other Jan. 6 rioters facing similar obstruction charges. The case will also have bearing on whether former President Donald Trump’s obstruction charge will stick.

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