Seefried with Flag

LAUREL, DE - A Laurel man who brandished the Confederate flag during the January 6th U.S. Capitol Building riots in 2021 has been granted an early release from prison according to court documents obtained by WBOC.

His son, who was also convicted for his role on January 6th, has already been released, according to court documents.

Kevin Seefried, the father, was originally sentenced to 3 years incarceration for his role in the riots after being found guilty on five counts including felony obstruction of an official proceeding. 

That felony obstruction charge is now central to an appeal Seefried filed quickly after his sentencing. A lawsuit involving another January 6th rioter questioning the legality of the obstruction charge has reached the United State’s highest court in Fischer v. United States.

With the Supreme Court agreeing to weigh the question of the legal basis for the obstruction charge in that case, whether Seefried’s charge of obstruction sticks also hangs in the balance. On March 27th, United States District Court for the District of Columbia Judge Trevor McFadden argued that until that decision is made and considering the felony charge could be reversed, Seefried should not be serving the entirety of his 3-year sentence. Instead, Seefried should only serve the sentence for the other misdemeanor charges: 1 year, pending appeal.

US Prosecutors argued against the early release, citing the possibility of Seefried fleeing. The Government also challenged Seefried’s release due to the upcoming 2024 presidential election, saying he would be released “into the same political maelstrom that led him to commit his crimes in the first place.”

“These arguments are unavailing,” was the US District Judge response to prosecutors.

Seefried, the U.S. Judge says is “not likely to flee or pose a danger” if released, saying prosecutors failed to provide evidence he poses a threat. 

McFadden ordered Seefried be released one year after the day he surrendered to custody, which was May 31st, 2023. Seefried is now set to see an early release from prison as early as the end of May 2024. 

If the Supreme Court upholds the legitimacy of the felony obstruction charge in Fischer v. United States, Seefried will likely have to return to prison to serve the felony sentence.

Seefried was tried along with his son Hunter for what prosecutors called their "early, aggressive and active" roles in the breach of the U.S. Capitol Building.

Hunter Seefried was also convicted of the felony obstruction charge, though court documents show he has already been released from prison on a reduced sentence. 

In an Emergency Motion to Reduce Sentence filed on behalf of Hunter Seefried, Seefried's counsel argues a sentence reduction was justified due to Seefried having no prior criminal history and that he did not use violence or credible threats of violence on January 6th. Seefried had entered a smashed window into the Capitol in 2021, but his attorney argued that he did not commit violence as the window had already been smashed.

The Court agreed, saying, "I do not believe Hunter Seefried destroyed the window," according to court documents.

Judge McFadden granted the younger Seefried a sentence reduction to time served, and Seefried was released on March 19th, court documents say.

You can read United States District Court for the District of Columbia Judge Trevor McFadden’s memorandum order regarding Kevin Seefried in the PDF attached to this article