Metal Anarchy

The U.S. government has requested to have Iced Earth guitarist Jon Schaffer sentenced to three years of supervised probation for his role in the January 6, 2021 insurrection at the U.S. Capitol. They also want him to pay $2,000 in restitution and a mandatory $200 special assessment.

The government’s sentencing memorandum said the following about the musician, who was previously described as “a founding, lifetime member of the Oath Keepers”:

“Such a sentence would be sufficient to reflect the seriousness of this offense while also accounting for the three months defendant was detained following his arrest, the defendant’s early acceptance of responsibility, and the substantial assistance he has provided to law enforcement pursuant to his cooperation plea agreement.

The defendant was one of the first six people to breach the Capitol through the doors on the northwest side of the building near the Senate Parliamentarian’s office. Schaffer wore a tactical vest and a hat that read, ‘Oath Keepers Lifetime Member,’ and he was carrying a can of bear spray. The menacing conduct of Schaffer and the others at the front of the line forced officers to retreat and allowed the mob to start pouring into the Capitol through this entrance.

The defendant’s participation in the attack on the Capitol was not random; it was the culmination of weeks, if not months of increasingly violent calls by Elmer Stewart Rhodes III, the leader of the Oath Keepers, to oppose the lawful transfer of power from Donald Trump to Joseph Biden. Schaffer was privy to some of these communications, as an Oath Keepers member, and he marched with the Oath Keepers during an event in D.C. in November 2020 to oppose the results of the election. At the same time, Schaffer did not participate in the Oath Keepers’ planning and coordination for the attack on the Capitol (he was not part of any of the group’s encrypted chats for the January 6 operation),and he did not enter the Capitol with them on January 6. For this reason, Schaffer was not charged with participating in a conspiracy with other Oath Keepers. Furthermore, Schaffer was inside the Capitol for less than ten minutes and did not directly harm or seek to harm any officers or property during this offense. Schaffer also has been cooperative with law enforcement since he turned himself in eleven days after the attack, proffering several times with law enforcement and providing fulsome, credible, and relevant information.

On April 16, 2021, the defendant fully accepted responsibility and pled guilty, pursuant to a cooperation plea agreement, to one count of Obstruction of an Official Proceeding, and one count of entering and remaining in a restricted building or grounds with a deadly or dangerous weapon. The defendant was the first person to plead guilty to participating in the January 6 attack, and he agreed to permit the details of his cooperation plea agreement to be made public.”

This news comes after Schaffer’s sentencing date was delayed several times. His lawyers previously 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. Following the latest postponements, prosecutors and defense attorneys had 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 recommended sentencing comes 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]