The order, signed by U.S. District Judge Trevor McFadden on March 26, will grant the release of Kevin Seefried, a defendant convicted for his role in the Jan. 6, 2021, Capitol breach, pending the appeal of his conviction.
"Seefried's current motion is déjà vu all over again," Judge McFadden wrote.
Judge McFadden, in his memorandum order, outlined that the release is premised on two conditions mandated by 18 U.S.C. 3143(b): a defendant is not likely to flee or pose a danger to the community if released, and that the appeal raises a substantial question likely to result in a significantly lesser sentence or reversal.
Judge McFadden found that Mr. Seefried met both conditions, noting a lack of evidence to suggest Mr. Seefried would flee or pose a danger, and that the Supreme Court's review of Fischer represents a substantial question of law that could materially affect Mr. Seefried's conviction.
Judge McFadden also noted U.S. Attorney Matthew Graves's argument of 2024 being an election year involving "What will likely be another fiercely contested presidential election" and if released, the Court "Would be releasing defendant into the same political maelstrom that led him to commit his crimes in the first place."
Judge McFadden said those arguments were "Unavailing."
The decision reflects on the procedural aspects and standards for release pending appeal, challenging the Justice Department's arguments against Mr. Seefried's release.
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