U.S. Government Requests Probation For ICED EARTH's JON SCHAFFER, Cites His Cooperation With Law Enforcement

The U.S. government has requested that ICED EARTH leader Jon Schaffer be sentenced to three years of supervised probation, as well as an order that he pay $2,000 in restitution and the mandatory $200 special assessment, in connection with his involvement in the January 6, 2021 riot at the U.S. Capitol.

According to the government's October 14 sentencing memorandum, which has been obtained by BLABBERMOUTH.NET, "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 memorandum goes on to describe the extent of Schaffer's involvement in the events of January 6, 2021.

"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," the document reads. "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."

Last month, a federal judge agreed to push back Schaffer's sentencing hearing for the fifth time, this time to October 25 from the previously announced September 13.

Schaffer was initially scheduled to be sentenced on February 20, but his sentencing hearing has been delayed five times — first to April, then July, August, September and now late October.

The latest decision to postpone Schaffer's sentencing came less than three months after the Supreme Court sided with a January 6 Capitol riot defendant in a ruling that could affect hundreds of prosecutions, including the criminal case against Schaffer. U.S. Attorney Matthew M. Graves asked the judge to delay's Schaffer's hearing in light of the Supreme Court decision.

U.S. District Judge Amit P. Mehta had previously moved Schaffer's initial sentencing date from February 20, as the now-56-year-old ICED EARTH guitarist was scheduled to undergo an undisclosed medical procedure "with the need for a recovery afterwards."

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.

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. Each of the charges carry fines of up to $250,000.

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 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.

At a November 2020 Donald Trump rally in Washington, D.C., Schaffer was videotaped walking behind a Florida couple, Kelly Meggs and Connie Meggs, who were accused of being among 10 members of the Oath Keepers to have played a leading role in the Capitol assault. In May 2023, Kelly Meggs was convicted of seditious conspiracy for his participation in the January 6, 2021 attack on the Capitol and was sentenced to spend 12 years in prison.

Following the initial reports that Schaffer was involved in the riot, his ICED EARTH bandmates distanced themselves from his actions. Singer Stu Block and bassist Luke Appleton later posted separate statements on social media announcing their resignations. BLIND GUARDIAN frontman Hansi Kürsch also quit DEMONS & WIZARDS, his long-running project with Schaffer. The allegations also apparently affected Schaffer's relationship with his longtime record label Century Media, which had released albums from both ICED EARTH and DEMONS & WIZARDS. As of mid-January 2021, the Century Media artist roster page did not list either band.