Judge orders release of Jan. 6 defendant while he appeals conviction

A federal judge this week ordered that Jan. 6 defendant Kevin Seefried be released from prison while appeals conviction, though he may not leave prison until the one-year anniversary of his entry.

Seefried attracted notoriety for his actions on Jan. 6, 2021, during which he carried a Confederate battle flag into the Capitol and featured prominently in photographs of the incident. He was convicted in 2023 on one count of obstruction of an official proceeding and four trespassing-related misdemeanors. He received 36 months on the felony charge and less time on the other counts to be served concurrently.

Judge Trevor N. McFadden granted his request, contending that he faces the possibility of a reduced sentence on appeal and permitted his release at the time after which he would have completed that sentence.

"The Court therefore concludes that Seefried’s likely reduced sentence is a total of one year of incarceration," McFadden wrote. "Heeding Congress’s command, the Court thus orders that Seefried be released on the expiration of that likely reduced sentence—in other words, one year to the day after he surrendered to the custody of the Attorney General."

Seefried surrendered to authorities on May 31, 2023.

"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," McFadden also wrote. "Nor does it point to any evidence that Seefried would participate in another riot if they did."

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.