According to The Republic, Iced Earth guitarist Jon Schaffer is now scheduled to be sentenced on October 25 for his role in the January 6, 2021 insurrection at the U.S. Capitol. The musician, who is said to be “a founding, lifetime member of the Oath Keepers,” was previously set to be sentenced four other times, but his hearing keeps getting delayed.
Prior to the recent delays, 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 case has since been settled with the court having sided with Fisher.
As such, U.S. Attorney Matthew M. Graves asked the judge to delay Schaffer’s hearing in light of the decision. The latest postponements came after that request and prosecutors and defense attorneys will now have until October 14 to make their case for what sentence Schaffner should receive.
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.
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