TL;DR
Using the Supreme Court’s taking up of a case central to the J6 felony obstruction charge, Trump Judge Trevor McFadden ordered the release of Kevin Seefried, claiming his appeal “...raises a substantial question" that is likely to result in a reversal, new trial, a noncustodial sentence, or a custodial sentence that will have ended by the time the appeal is decided (here).
Few things disturb my calm more than seeing a Trump judge using the Trump SCOTUS’ own partisan efforts to help avoid accountability for the coup and tip the scale in favor of the insurrectionists. That MAGA traitor Kevin Seefried, the shitbird who carried the flag of the traitors in the civil war into the U.S. Capitol during the January 6 Insurrection, is being looked after and has been ordered released by Trump-appointed Judge Trevor McFadden.
According to Newsweek,
Kevin Seefried, a man from Laurel, Delaware, was sentenced to three years in prison for a felony conviction of obstruction of an official proceeding, as well as 12 months and six months for misdemeanor charges. The Department of Justice said that Seefried, as well as his son Hunter, were among the first to enter the Capitol and were photographed carrying a Confederate flag while inside.
That obstruction charge is at the center of a case picked up by the Supreme Court.
In Fischer v. United States, the DOJ’s charge of “obstruction of an official proceeding” is being challenged, and SCOTUS took the case up to “determine whether the U.S. Court of Appeals for the District of Columbia Circuit erred in construing the 18 U.S.C. § 1512(c), which prohibits obstruction of congressional inquiries and investigations...”
Today, Judge McFadden said to let him out!
The article continues,
According to court documents, McFadden determined that Seefried does not pose a flight risk or a danger to his community and that his appeal was not "for the purpose of delay and raises a substantial question" that is likely to result in a reversal, new trial, a noncustodial sentence, or a custodial sentence that will have ended by the time the appeal is decided.
Note: my emphasis. And even if the law allowed it, he didn’t have to do it.
McFadden went even further admitting that it was based on the partisan interest of the SCOTUS,
He noted that at least four Supreme Court justices are interested in taking up the challenge to the DOJ's obstruction charge use and that if the court rules In Fischer's favor, "it will almost certainly mean that Seefried's analogous conduct" did not violate the obstruction law.
"In that case, Seefried will be left serving only his sentences for the four misdemeanor convictions. But, by the time his appeal has concluded, those custodial sentences will have likely concluded," he wrote.
It gets better.
However, he wrote that his sentence for his misdemeanor charges would be over by May 31, 2024, and that he should, therefore, be released on or around that date, ruling that "one-year sentence is likely adequate."
Trump Judge Trevor McFadden seems to have the Jan6 insurrectionists’ — particularly, some of the most vile — best interests at heart. He really does show concern and act expeditiously for the traitors.
U.S. Attorney Matthew Graves wrote in a court filing last week that if the Supreme Court sides with Fischer, the government could request consecutive, rather than concurrent, sentences for defendants' misdemeanor charges, which in some cases may not necessarily result in a shorter prison sentence.
The filing states, "The calculus on resentencing would necessarily change, and a reversal of the 1512(c) conviction could increase the aggregate sentence on the remaining counts."
Note: emphasis mine.
When presented with that possibility, Trump Judge Trevor McFadden simply showed his support for the insurrectionists, particularly this Confederate flag-flying POS, by criticizing the prosecutors for speculating he would dare increase an insurrectionist’s sentence.