Metal Anarchy

As previously reported, Iced Earth’s Jon Schaffer, who is said to be “a founding, lifetime member of the Oath Keepers,” is currently scheduled to be sentenced on February 20 for his role in the January 6, 2021 insurrection at the U.S. Capitol. However, attorneys representing the guitarist are now trying to get his sentencing delayed.

Schaffer’s lawyers filed a “motion to continue sentencing or in the alternative stay sentencing” in part pending the outcome of Joseph W. Fischer v. United States. According to Politico, the Supreme Court agreed to hear that case back in December and it relates to claims that prosecutors and the Department of Justice improperly used a 2002 law to prosecute a January 6 defendant named Joseph Fischer. That law was originally created to take on financial crimes.

If the court does side with Fischer, it would implications for other January 6 defendants such as Schaffer. The musician’s attorneys said the following about that:

“The question before the Supreme Court directly relates to and impacts the validity of Mr. Schaffer’s plea and conviction, and drives the government’s calculation as to his sentencing guideline range. If Mr. Schaffer is sentenced to a term of incarceration under 18 U.S.C. § 1512(c) and the obstruction guidelines, and begins serving his sentence, he will be irreparably harmed as he would lose his gainful employment, uproot his life, and serve time for a felony that may be invalidated by the Fischer outcome. Furthermore, a continuance or stay would also preserve valuable government resources and avoid potential post-conviction relief matters, if the Supreme Court rules in favor of Fischer.”

Schaffer previously pleaded guilty to two charges related to his involvement in the insurrection in April 2021. Those charges include obstructing an official proceeding of Congress and trespassing on restricted grounds of the Capitol while armed with a deadly or dangerous weapon.

As part of the plea deal, the musician entered into a cooperation agreement with the government. The Justice Department also agreed to sponsor Schaffer for the witness protection program. CNN previously reported that the guitarist’s legal team have “agreed to recommend that he get between 3.5 and 4.5 years in prison, based on how fruitful his cooperation is with the government.”

The news of Schaffer’s sentencing comes shortly after attorneys for the District of Columbia opposed a dismissal motion regarding a lawsuit that was filed against him and other members of the Oath Keepers and Proud Boys.

[via Blabbermouth]