Metal Anarchy

Iced Earth guitarist Jon Schaffer has officially been sentenced to three years of probation and 120 hours of community service for his role in the January 6, 2021 insurrection at the U.S. Capitol. He will also be required to pay $1,000 in restitution and a $200 special assessment.

Schaffer commented:

“I profoundly regret my actions on January 6th, 2021. I haven’t been a perfect man, but for the majority of my life, I’ve been a very productive man, and have tried to live my life with integrity and a disciplined work ethic. I deeply love our country and the founding principles that have inspired people from all over the world to look at the USA as a beacon of hope for all of humanity. Having traveled the world for over 30 years and having performed in approximately 100 countries, it was always a great feeling and relief when the airplane would safely land at home on US soil.

When the global pandemic came upon us, and chaos ensued all around the US in 2020, I was very concerned about what seemed to be a collapse of our country and the rule of law. When the 2020 election took place and I saw many public officials and media outlets reporting that the election was stolen, my concern deepened. This led to my decision to go to D.C. and have my voice heard. I’m not excusing my impulsive behavior. I was wrong, and I take ownership of my actions. I own the fact that I made a huge mistake, and I wish I never would have gone there. In fact, the consequences have been devastating on my life, family, friends, business, colleagues and business partners.

I knew immediately that I had let my emotions get the best of me and made a terrible mistake. I drove home to Indiana the following morning on Thursday, January 7th, 2021. On the 8th I found my attorneys, and at my request they immediately reached out to the authorities. I willingly surrendered and cooperated with authorities. Initially, I was charged with multiple serious federal felony offenses and feared I may spend the rest of my life in prison. I spent several months in custody following my self-surrender. I was placed in solitary confinement with horrendous conditions, which was an extremely traumatic experience. I became the first person of the hundreds of co-defendants to enter a guilty plea, and have now been sentenced to probation.

Until now, I have resisted the strong urge to issue a public statement due to my ongoing cooperation and the wishes of federal authorities. This extended period of silence has added additional challenges to my life as a public person. Since the beginning, I wanted to express my remorse for my actions and address the legitimate concerns of my fans worldwide. I watched as one media outlet after the next dragged my reputation through the mud and condemned me for not making any statement. However, I tried to be as productive as possible in lieu of my very damaged reputation and career.

This whole situation has been extremely difficult. However, I know that I have become a better man because of it. I used to stay so busy that I didn’t have much time for self-reflection. In the last three and a half years that’s mostly what I’ve done. I have become a member of a wonderful church and improved myself spiritually, mentally, and physically. This personal revival has inspired me to continue writing and recording music. I’m certain there will be a very positive outlook in my future artistic creations.

To my fans who have continued to support me throughout this deeply embarrassing ordeal, I want to apologize for letting you down and thank you for keeping me going. To those fans who I have lost due to my decisions that day, I certainly understand. I humbly ask everyone to allow me to demonstrate through my actions how far I’ve come. I wish to continue to use my art to unite people, and never to divide.

Sincerely, Jon Schaffer.”

A previous sentencing memorandum from the government said the following about the musician, who is 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 was ultimately 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 “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.” However, it now appears his actual sentencing was more forgiving.

The news of Schaffer’s 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]