WASHINGTON — A federal judge has ruled that Jon R. Schaffer be held without bond while he awaits trial for his alleged involvement during the insurrection at the U.S. Capitol on Jan. 6.
U.S. District Court for the District of Columbia Magistrate Judge Zia M. Faruqui gave the order during an initial appearance/detention hearing on Friday for the Edinburgh man, according to court documents.
The decision was made “based on a finding the government had proven by clear and convincing evidence that Mr. Schaffer was a danger to the community and that no condition or combination of conditions would reasonably assure the safety of any other person or the community if Mr. Schaffer was released,” court documents stated.
During the hearing, U.S. attorneys presented a video interview of Schaffer from last year, where he expressed his political views, and a still photo that was taken on Jan. 6 showing him inside the Capitol, according to court documents.
The video presented to the judge was taken during the “Million MAGA March,” a pro-Donald Trump rally, in Washington D.C this past November.
In the interview, where Schaffer identified himself by name, he said “…People need to wake up and snap out of the Matrix, because they’re going down. They made the move, they’re messing with the wrong people here, trust me on that. And we needed it to be open like this. Open fraud. Open theft. Because now we see you, and you’re going down, mark my words.”
Later in the video, Schaffer did not dismiss that violence was a possibility, according to court documents.
“We’re not going to merge into some globalist, communist system, it will not happen,” Schaffer said. “There will be a lot of bloodshed if it comes down to that, trust me. The American people will not go for that (expletive) once they understand what’s actually happening. So that’s where we’re at. Nobody wants this, but they’re pushing us to a point where we have no choice.”
Citing the Bail Reform Act, Schaffer’s attorneys have filed a motion to amend/correct the court denial. Requesting his release, lead attorney Marc Victor argued the government has not established that Schaffer is dangerous to the community by clear and convincing evidence, according to court documents.
“Mr. Schaffer is 53 years old. He has no criminal convictions,” the motion states. “He does not have a substance abuse or mental health issue. He has no history of violence and was not violent on Jan. 6, 2021. He entered the Capitol with pepper spray. He did not threaten anyone with or discharge the spray. He left the capitol after approximately 60 seconds and returned home to Indiana.”
In the motion by Victor, it also states that “pretrial services investigated Mr. Schaffer and recommended his release with conditions including pretrial services supervision, GPS monitoring, and home detention.”
Schaffer has been in custody since he turned himself in to Indiana law enforcement on Jan. 17 after an FBI statement of fact was filed for his arrest.
The statement of fact alleges Schaffer used a type of bear repellent against Capitol police on Jan. 6. Photos and video from the insurrection show Schaffer inside the Capitol building wearing a blue hooded sweatshirt under a tactical vest with a baseball cap that reads “Oath Keepers Lifetime Member.”
The FBI has labeled the Oath Keepers as a far-right militia group that “as a group urged President Trump to declare Martial Law in order to prevent the Congress from certifying the Electoral College Results.”
The Indiana Oath Keepers have denied Schaffer is a member.
Schaffer, who is facing six federal charges, was held in the Marion County Jail until last week when he was extradited to Washington D.C. by a U.S. marshal. His warrant was executed on March 18.
Schaffer is a longtime Indiana resident who has ties to Columbus. He is of moderate fame for his heavy metal band “Iced Earth” and side projects “Demons and Wizards” and “Sons of Liberty.”
