A federal trial is scheduled to begin on Monday for a father and son from Delaware charged with storming the U.S. Capitol collectively. The daddy was photographed carrying a Accomplice battle flag. U.S. District Choose Trevor McFadden will hear testimony with out a jury for the trial of Kevin Seefried and his son, Hunter.

The Seefrieds, who’re from Laurel, waived their proper to a jury trial, which suggests McFadden will resolve their instances. The decide has criticized prosecutors’ dealing with of Capitol riot instances. He has acquitted one Capitol riot defendant of all costs and partially acquitted one other after separate bench trials earlier this yr.

Extra:Delaware father, son arrested for involvement in pro-Trump Capitol riot

A federal decide’s acquittal of a New Mexico man in April was a uncommon blemish on the Justice Division’s file of securing convictions in U.S. Capitol riot instances. Greater than two months later, a Delaware father and son hope the identical decide will clear them, too.

Extensively revealed pictures confirmed Kevin Seefried carrying a Accomplice battle flag contained in the Capitol after he entered the constructing together with his son, Hunter. The Seefrieds have been “early, aggressive and energetic individuals” within the Capitol breach and among the many first rioters to enter the constructing on Jan. 6, 2021, prosecutors have stated.

U.S. District Choose Trevor McFadden will hear testimony with out a jury for the Seefrieds’ bench trial, which is scheduled to begin Monday. They waived their proper to a jury trial, which suggests McFadden will resolve their instances.

McFadden, whom President Donald Trump nominated in 2017, has criticized prosecutors’ dealing with of Capitol riot instances. He instructed that the Justice Division has been unjustly more durable on Capitol riot defendants in contrast with individuals arrested at protests towards police brutality and racial injustice after George Floyd’s 2020 homicide by a Minneapolis police officer.

McFadden additionally has criticized prosecutors for searching for jail time for some nonviolent Capitol riot defendants however not for left-wing activists who protested Trump’s nomination of Supreme Court docket Justice Brett Kavanaugh, The Washington Publish reported.

In April, McFadden acquitted New Mexico resident Matthew Martin of misdemeanor costs that he illegally entered the Capitol and engaged in disorderly conduct after he walked into the constructing.

Martin testified {that a} police officer waved him into the constructing. A prosecutor rejected that testimony as “nonsense,” however McFadden stated it was cheap for Martin to imagine that outnumbered law enforcement officials allowed him to enter the Capitol by means of the Rotunda doorways.

Extra:Laurel males arrested following Capitol riot indicted in Washington

In March, McFadden acquitted a New Mexico elected official of participating in disorderly conduct however convicted him of illegally coming into restricted Capitol grounds. The decide stated there was ample proof that Otero County Commissioner Couy Griffin knew he was in a restricted space and did not depart. Nonetheless, McFadden concluded prosecutors did not meet their burden to show that Griffin engaged in disorderly conduct.

McFadden is the one decide to a maintain a bench trial for a Capitol riot case to this point.

On Tuesday, U.S. District Choose Colleen Kollar-Kotelly is scheduled to preside over a bench trial for Jesus Rivera, a Pensacola, Florida, man charged with 4 riot-related misdemeanors. President Invoice Clinton nominated Kollar-Kotelly to the courtroom in 1997.

At the very least 4 different Capitol riot defendants have bench trials scheduled for this yr.

Juries have unanimously convicted 5 Capitol riot defendants of all costs, an ideal file for prosecutors to this point. Greater than 300 others have pleaded responsible to riot offenses, principally misdemeanors punishable by no multiple yr in jail. Roughly 100 others have trial dates in 2022 or 2023. Greater than 800 individuals have been charged with federal crimes associated to the Jan. 6 assault.

The Seefrieds traveled to Washington from their house in Laurel, Delaware, to listen to Trump’s speech on the “Cease the Steal” rally on Jan. 6. After the rally, they stopped by their automotive earlier than becoming a member of the mob that stormed the Capitol, prosecutors say.

Extra:What we find out about Delaware father and son charged in Capitol rebel

The Seefrieds climbed over a wall close to a stairwell and scaffolding within the northwest part of the Capitol and have been among the many first rioters to method the constructing close to the Senate Wing Door, in response to prosecutors. After watching different rioters use a police protect and a wooden plank to interrupt a window, Hunter Seefried used a gloved fist to clear a shard of glass in one of many damaged windowpanes, prosecutors stated.

“The defendants and scores of different rioters entered the Capitol constructing by means of that window,” prosecutors wrote.

The Seefrieds joined different rioters in confronting Capitol police officer Eugene Goodman and in searching for members of Congress and the placement the place they might be counting the Electoral School votes for the 2020 presidential election, in response to prosecutors.

Goodman, who is predicted to testify on the Seefrieds’ trial, has been hailed as a hero for main a gaggle of rioters away from Senate chamber and up a set of stairs to an space the place different officers have been ready. Goodman additionally directed Sen. Mitt Romney, R-Utah, to show round and head away from the mob.

Kevin Seefried advised the FBI that he threatened Goodman with violence, saying: “After which I threw my stick down. I stated, ‘You may shoot me, man, however we’re comin’ in,’” in response to prosecutors.

Kevin Seefried carried a Accomplice battle flag from house and was photographed displaying it on a big flagpole as he walked by means of the Capitol.

“Certainly, the flag that Kevin Seefried carried itself served to sign his intent: the Accomplice Battle Flag, a logo of violent opposition to the USA authorities,” prosecutors wrote.

The fees towards each Kevin and Hunter Seefried embody a felony depend of obstruction of an official continuing, the joint session of Congress for certifying President Joe Biden’s electoral victory. Hunter Seefried advised the FBI that he went to Washington as a result of he was involved about “fraud” tied to the election, prosecutors stated.