LAUREL, DE - A Laurel man charged in the January 6th, 2021 riots may see his sentence permanently reduced following a ruling from the United States’ highest court Friday.
On June 28th, the Supreme Court issued their decision on Fischer v. United States, in which a Jan. 6th defendant challenged felony obstruction of an official proceeding charge against him. Fischer was indicted for disrupting Congress’ ratification of Joe Biden’s 2020 election win over former president Donald Trump.
On Friday, the Supreme Court sided with Fischer, making it harder to charge the Capitol riot defendants with obstruction and likely reversing the obstruction charges against other January 6th participants.
One such defendant is Kevin Seefried, the Laurel man photographed waving a Confederate flag during the storming of the Capitol. Seefried was also convicted of the obstruction charge and will now likely not be serving further jail time for the conviction.
A judge recently ordered Seefried be released a year into his three-year sentence while the Supreme Court weighed the Fischer case. With Fischer’s obstruction charge reversed, it is likely the same reversal will apply to Seefried and he will not return to prison having already served his sentence for lesser misdemeanor charges.
Seefried’s son Hunter was also charged with the obstruction charge but has also served his prison sentence, with a judge granting a reduced sentence due to the younger Seefried having no prior criminal history.
Two other Delmarva residents who were charged for their involvement on January 6th will not be affected by today’s Supreme Court ruling. Carlos Ayala, of Salisbury, and Jeffrey Schaefer, of Milton, were not charged with the felony obstruction at the center of Friday’s ruling.
The United States Department of Justice Attorney General Merrick Garland issued the following statement Friday in response to the Supreme Court’s decision:
“January 6 was an unprecedented attack on the cornerstone of our system of government — the peaceful transfer of power from one administration to the next. I am disappointed by today’s decision, which limits an important federal statute that the Department has sought to use to ensure that those most responsible for that attack face appropriate consequences.”
Garland goes on to say the vast majority of defendants charged for acts on January 6th will not be affected by Friday’s ruling. Of the more than 1,400 defendants charged, the Seefrieds were 2 of roughly 350 facing the felony obstruction charge.
“For the cases affected by today’s decision, the Department will take appropriate steps to comply with the Court’s ruling,” Garland said.
Prosecutors says for the nearly 50 people convicted, obstruction was the only felony count for their roles in January 6th. About 2 dozen of those still serving or expected to serve their sentence will most likely be affected by Friday’s Supreme Court ruling, including Seefried.
WBOC has reached out to prosecutors at the Department of Justice and Seefried’s public defender for comment but did not receive an immediate response.