A federal judge has released Jan. 6 defendant Kevin Seefried from prison while he awaits the Supreme Court’s decision in a related case.
Seefried was sentenced to over 3 years for felony obstruction of an official proceeding related to the Capitol riot.
The Supreme Court is considering a challenge to the DOJ’s use of this charge against Jan. 6 defendants.
Given this, the judge concluded Seefried does not pose a risk and the appeal raises substantial questions that could lead to reversal or a non-custodial sentence.
He would have likely completed his misdemeanor sentences by the time the appeal concludes.
The Supreme Court will also decide whether former President Trump has immunity from prosecution in his election interference case, with implications for separation of powers and future prosecutions against presidents.
“If the prosecution of a President is upheld, such prosecutions will recur and become increasingly common, ushering in destructive cycles of recrimination,” Trump’s team wrote.
“Criminal prosecution, with its greater stigma and more severe penalties, imposes a far greater ‘personal vulnerability’ on the President than any civil penalty,” the request stated. “The threat of future criminal prosecution by a politically opposed Administration will overshadow every future President’s official acts — especially the most politically controversial decisions.”
The president’s “political opponents will seek to influence and control his or her decisions via effective extortion or blackmail with the threat, explicit or implicit, of indictment by a future, hostile Administration, for acts that do not warrant any such prosecution.”
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