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Trump appointed judge releases J6 defendant early in rebuke of DOJ warnings
Posted on 3/28/24 at 4:28 pm
Posted on 3/28/24 at 4:28 pm
quote:
A Washington, D.C., judge granted a request by a Jan. 6 riot defendant to be released from prison pending his appeal, a decision that directly rebuked Justice Department prosecutors’ claims that he posed a “heightened danger” during an election year.
U.S. District Judge Trevor McFadden, an appointee of former President Donald Trump, granted the request from convicted Confederate flag-wielding Jan. 6 defendant Kevin Seefried to be released from prison pending his appeal, writing in an 11-page order that prosecutors failed to prove a suggestion that he poses a threat or that “events that led to the riot are reasonably likely to recur.”
quote:
Seefried was sentenced to three years in prison last February after he was charged with obstructing an official proceeding and four trespassing and disorderly conduct misdemeanors, which altogether amount to a potential 23-year prison sentence.
Following his conviction, Seefried appealed the verdict and moved for his release from prison pending appeal. His request came not long before the Supreme Court agreed to take up a Jan. 6 defendant’s case known as Fischer v. United States, which is challenging the way the obstruction statute 18 U.S.C. § 1512(c) is properly applied to hundreds of Jan. 6 defendants facing charges for violating it.
When the Supreme Court agreed to take up the Fischer case in December and schedule oral arguments in the dispute for April 16, the judge said Seefried’s issue was “again alive” and that his felony conviction could be vacated depending on how the justices rule in the case.
McFadden’s decision was a swift rejection of allegations made by U.S. Attorney Matthew Graves, who wrote on Jan. 8 that granting Seefried’s request would be “releasing defendant into the same political maelstrom that led him to commit his crimes in the first place.”
“The prospect of this additional time may make it more likely that he flees rather than returning to prison,” Graves added at the time.
McFadden countered on Wednesday that the law demands Seefried must be released because he satisfied two key prongs, including showing he is “not likely to flee or pose a danger to … the community if released” and that the government failed to prove the defendant is “likely to reoffend.”
The judge doubled down against the Justice Department‘s “fact-free approach” to reviewing Seefried’s request and accused the government of a “class-based” approach.
“People who have already gone to prison, as a class, cannot be released. January 6th defendants, as a class, cannot be released during an election year,” McFadden wrote. “In the end, if specific facts about Seefried lead the Government to believe that he is imminently likely to engage in criminal conduct, options remain open to the Government.”
McFadden’s approval of Seefried’s request marks a rare occurrence where a Washington, D.C., judge has sided with a defendant seeking to alter the terms of their sentence, or possibly remain free on appeal, while the Supreme Court is preparing to take on the Fischer case.
The judge said that the date of his release would be one year from the date he surrendered to the Bureau of Prisons, which was May 31, 2023.
Moreover, the parties were ordered to file a joint status report no later than 14 days after the Supreme Court’s release of an opinion in Fischer, which could come between early May and the end of June.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
The DOJ has brought the obstruction charge against more than 332 defendants in the sweeping federal prosecutions it has pursued since the violence at the Capitol on Jan. 6, 2021, when a riot formed at the complex out of anger and frustration during Biden’s election certification. At least four members of the Proud Boys and even Trump have also been charged with obstruction of an official proceeding, meaning the high court’s eventual decision could affect these cases as well.
If the Supreme Court sides with the defendant and discards the obstruction charge, hundreds of Jan. 6 defendants could appeal their convictions and shave years off their sentences. Some are facing the prospect of years behind bars.
https://12ft.io/proxy
Posted on 3/28/24 at 4:30 pm to loogaroo
quote:
Seefried was sentenced to three years in prison last February after he was charged with obstructing an official proceeding and four trespassing and disorderly conduct misdemeanors, which altogether amount to a potential 23-year prison sentence.
How is this even possible?
Posted on 3/28/24 at 4:32 pm to the808bass
quote:
SFP is furious.
Why?
Posted on 3/28/24 at 4:33 pm to loogaroo
quote:
“The prospect of this additional time may make it more likely that he flees rather than returning to prison,”
Posted on 3/28/24 at 4:33 pm to Revelator
quote:
How is this even possible?
Because there is plenty of room in prisons since they release real criminals who go out and rape and murder.
Posted on 3/28/24 at 4:33 pm to the808bass
The only thing SFP likes more than political prisoners is human trafficking.
Posted on 3/28/24 at 4:34 pm to SlowFlowPro
quote:bc your dumb arse actually thinks Jan 6 was an insurrection
Why
Posted on 3/28/24 at 4:35 pm to AuburnTigers
quote:
bc your dumb arse actually thinks Jan 6 was an insurrection
Except I have literally always said it's not an insurrection?
Posted on 3/28/24 at 4:35 pm to SlowFlowPro
quote:
Why?
I’m guessing because you’re socialist/statist.
Posted on 3/28/24 at 4:37 pm to Revelator
quote:
How is this even possible?
The felony is a 0-5 I believe.
The same judge who gave him a release pending his appeal is the one who sentenced him.
Posted on 3/28/24 at 4:38 pm to Possumslayer
quote:
I’m guessing because you’re socialist/statist.
Well that's even more wrong.
Posted on 3/28/24 at 4:43 pm to loogaroo
Hope everyone sues for wrongful detainment and subsequent imprisonment
Posted on 3/28/24 at 4:45 pm to idlewatcher
4 trespasses? Wut, would that be quadruple jeopardy?
Posted on 3/28/24 at 4:45 pm to loogaroo
quote:
Seefried was sentenced to three years in prison last February after he was charged with obstructing an official proceeding and four trespassing and disorderly conduct misdemeanors, which altogether amount to a potential 23-year prison sentence.
And there was a memorial service for a NYPD officer killed by two individuals who had 35 arrests between them and were on the streets.
Oh but nooooooooooo there is no multi tiered justice system in this country. Noooot at aaaalllll.
Posted on 3/28/24 at 4:48 pm to loogaroo
quote:
Justice Department prosecutors’ claims that he posed a “heightened danger” during an election year.
Wow. Don't we all? Scumbags.
Posted on 3/28/24 at 4:50 pm to SlowFlowPro
So no one who was there should be in jail, correct?
Posted on 3/28/24 at 4:55 pm to idlewatcher
quote:
Hope everyone sues for wrongful detainment and subsequent imprisonment
I mean this guy was convicted, so I don't think that strategy would work.
Posted on 3/28/24 at 4:56 pm to riccoar
quote:
So no one who was there should be in jail, correct?
This guy wasn't charged with insurrection.
How many were charged with insurrection? Maybe the Proud Boys guys? Or the fed haven the Oath Keepers?
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