Delaware man who carried Confederate flag into Capitol on Jan. 6 goes to trial

A Delaware man and his son charged in the January 6 riot of the Capitol Building are hoping that a federal judge will let them off easy.

Kevin and Hunter Seefried are charged with a felony count of obstruction of an official proceeding—the joint session of Congress that was counting the Electoral College votes for the 2020 presidential election.  

U.S. District Judge Trevor McFadden will hear testimony without a jury for the Seefrieds' bench trial, which started Monday in the District of Columbia.

The two men waived their right to a jury trial, which means the judge, who was appointed by President Donald Trump in 2017 will decide their cases.

During the January 6 riots, Kevin and Hunter climbed over a wall near a stairwell and scaffolding in the northwest part of the Capitol building. Hunter used a gloved fist to clear broken glass in a window pane to gain access to the building. Once inside, Kevin is seen waving a confederate battle flag inside the Capitol.

According to prosecutors, the father and son duo were “early, aggressive and active participants” in the Capitol breach. 

In April, Judge McFadden acquitted a man with similar charges, a one-of-a-kind decision after most U.S. Capitol riot cases have ended in convictions. 

During the trial’s opening statements on Monday, defense attorneys claimed that the Seefrieds did not intend to interfere with the official proceeding. 

“Indeed, (Kevin Seefried) was not even aware that the electoral count was happening or was happening in the Capitol,” one of his lawyers, Elizabeth Mullin, told the judge.

However, the attorneys are conceding that Kevin Seefried is guilty of two misdemeanor charges since he knowingly entered a restricted building to protest there. 

McFadden, has expressed criticism of how U.S. officials have handled the Capitol riots cases.

The Washington Post has reported that McFadden has criticized prosecutors for seeking jail time for non-violent participants in the January 6 riots, but not for other activists that participated in protests against police brutality or protested against Trump’s nomination of Supreme Court Justice Brett Kavanaugh. 

At least four other Capitol riot cases have bench trials scheduled for this year.

On Tuesday, U.S. District Judge Colleen Kollar-Kotelly will preside over a bench trial for Jesus Rivera, a Florida man charged with four riot-related misdemeanors.