Supreme Court Action Leads to Release-From-Prison Order for Jan. 6 Convict

The Supreme Court’s decision to review of the use of a felony obstruction charge against Jan. 6 convicts has led to a release order for one prisoner.

Kevin Seefried holds a Confederate flag outside the Senate Chamber during a protest after breaching the U.S. Capitol in Washington, on Jan. 6, 2021. Saul Loeb/AFP/Getty Images

A Delaware man serving a three-year sentence for marching through the halls of Congress on Jan. 6, 2021, is poised to be released from prison pending appeal after serving one year thanks to a Supreme Court decision to review the Biden administration’s novel use of an evidence-tampering law to prosecute hundreds of Jan. 6 defendants for felony obstruction of Congress.

Kevin Seefried, who was one of the first people to enter the U.S. Capitol on Jan. 6, was convicted in June 2022 following a bench trial before Judge Trevor McFadden of the U.S. District Court for the District of Columbia on four misdemeanors and a single felony obstruction charge.