JON SCHAFFER Sentencing Delayed Until April

As reported in Blabbermouth.net

According to The Republic, a federal judge has agreed to push back Jon Schaffer's sentencing hearing until April 5 on medical grounds, as the ICED EARTH guitarist is scheduled to undergo an undisclosed medical procedure "with the need for a recovery afterwards."

However, U.S. District Court Judge Amit Mehta has denied the request from Schaffer's attorney to delay the sentencing hearing, which was originally scheduled for February 20, pending the outcome of the case Joseph W. Fischer v. United States, which the Supreme Court agreed to hear in December. In the Joseph W. Fischer v. United States case, the issue is whether prosecutors and the Department of Justice have been improperly using a 2002 law originally aimed at curbing financial crimes to prosecute a January 6 defendant named Joseph Fischer. Should the court side with Fischer, it would also call into question the use of the law against other January 6 defendants — including Schaffer.

In the order, Mehta wrote: "The sentencing hearing presently scheduled for Feb. 20, 2024, is hereby vacated due to the health considerations outlined in defendant's motion. The court will not stay sentencing until resolution of United States v. Fischer. There are other procedural mechanisms by which defendant can seek to delay any term of incarceration, if one is imposed. …And the public interest weighs in favor of not delaying sentencing until the outcome of Fischer."

In January 2022, Mehta granted the U.S. government's request to share sealed materials from the case involving Schaffer's role in the U.S. Capitol riot case as discovery to the three main Oath Keepers cases.

In May 2023, Mehta handed down an 18-year prison sentence for the leader of the Oath Keepers, Stewart Rhodes, for his efforts to overturn the 2020 election that ended with the violent attack on the U.S. Capitol.

As part of his April 2021 plea deal, Jon entered into a cooperation agreement with the government.

According to CNN, prosecutors and Schaffer's attorneys agreed to recommend that he get between three and a half and four and a half years in prison, based on how fruitful his cooperation was with the government.

The government agreed not to oppose Schaffer's release during the sentencing phase.

Although Schaffer was initially charged with six crimes, including engaging in an act of physical violence and targeting police with bear spray, he pleaded guilty to only two charges: obstruction of an official proceeding of Congress; and trespassing on restricted grounds of the Capitol while armed with a deadly or dangerous weapon. The first charge is punishable by up to 20 years in prison, while the second carries up to a 10-year prison term.

In his plea agreement, Schaffer acknowledged that on January 6, 2021 he was in Washington to attend the "Stop The Steal" rally at the Ellipse in Washington, D.C. to protest the results of the presidential election, which he believed were fraudulent. Schaffer wore a tactical vest and carried bear spray, a dangerous weapon and chemical irritant used to ward off bears. When the rally finished, Schaffer joined a large crowd that marched from the Ellipse to the Capitol, where a joint session of Congress, presided over by Vice President Michael Pence, was in session to certify the electoral college vote results. Shortly after 2:00 p.m., members of the mob forced entry into the Capitol building, disrupting the joint session and causing members of Congress and the Vice President to be evacuated from the House and Senate chambers.

In his plea agreement, Schaffer admitted that after arriving on Capitol grounds, he walked past barriers intended to restrict access to the public and to a set of locked doors on the Capitol's west side. At approximately 2:40 p.m., Schaffer positioned himself at the front of a crowd that broke open a set of doors being guarded by four U.S. Capitol Police (USCP) officers wearing riot gear. Schaffer admitted to being among the first individuals to push past the damaged doors and into the Capitol building, forcing officers to retreat. Schaffer and others advanced toward five or six backpedaling USCP officers while members of the mob swelled inside of the Capitol and overwhelmed the officers. The officers ultimately deployed a chemical irritant to disperse the mob. Schaffer was among the people who were sprayed in the face, after which he exited while holding his own bear spray in his hands.

As part of the plea deal, Schaffer agreed to cooperate with investigators and potentially testify in related criminal cases, according to CNN. In return for Schaffer's assistance, the Justice Department might later urge the judge to show leniency during his sentencing.

Also as part of the agreement, the Justice Department has offered to sponsor Schaffer for the witness protection program.

The 55-year-old musician was the first Capitol riot defendant to reach a plea deal.

The Indiana chapter of the Oath Keepers distanced itself from Schaffer after his arrest, claiming he was not a member of the local group. But the national organization, which sold lifetime memberships for $1,200, had not commented on his alleged affiliation with the group.