Schaffer is first insurrection defendant to plead guilty, may go into witness protection

Jon Schaffer turned himself in to the FBI in Indianapolis after being identified as an individual who participated in the insurrection at the U.S. Capitol on Jan. 6. His hat shows the Oath Keepers logo with Lifetime Member underneath the logo. Photo provided by the FBI Submitted photo

2 P.M. UPDATE:

Statement from Department of Justice on Jon Schaffer’s guilty plea:

WASHINGTON – Jon Schaffer, 53, of Columbus, Indiana, today admitted that he breached the Capitol on January 6, 2021, wearing a tactical vest and armed with bear repellent, and pleaded guilty to unlawfully entering the U.S. Capitol to obstruct Congress’ certification of the U.S. presidential election results.

“On this 100th day since the horrific January 6 assault on the United States Capitol, Oath Keepers member Jon Schaffer has pleaded guilty to multiple felonies, including for breaching the Capitol while wearing a tactical vest and armed with bear spray, with the intent to interfere with Congress’ certification of the Electoral College results,” said Acting Deputy Attorney General John P. Carlin.  “The FBI has made an average of more than four arrests a day, seven days a week since January 6th.  I commend the hundreds of special agents, prosecutors and support staff that have worked tirelessly for the last hundred days to bring those who committed criminal acts to justice.”

“The defendant in this case admits forcing his way into the U.S. Capitol on January 6 for the express purpose of stopping or delaying congressional proceedings essential to our democratic process. These actions are disgraceful and unacceptable” said FBI Deputy Director Paul M. Abbate. “The FBI and our partners will continue to utilize all available authorities to aggressively investigate, pursue and hold accountable those who committed acts of violence or otherwise violated the rule of law that day.”

In his plea agreement, Schaffer acknowledged he is a founding lifetime member of the Oath Keepers, a large but loosely organized collection of individuals, some of whom are associated with militias.

In his plea agreement, Schaffer also 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 PM, 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 exited while holding his own bear spray in his hands.

Schaffer pleaded guilty to a criminal information charging him with obstruction of an official proceeding and entering and remaining in a restricted building or grounds with a deadly or dangerous weapon. Combined, he faces up to 30 years in prison if convicted. The Honorable Amit P. Mehta accepted Schaffer’s guilty plea.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

 

1 P.M. UPDATE

WASHINGTON (AP) — A heavy metal guitarist on Friday became the first defendant to plead guilty to federal charges in connection with the insurrection at the U.S. Capitol.

Jon Ryan Schaffer, the frontman of the band Iced Earth, has agreed to cooperate with investigators in hopes of getting a lighter sentence, and the Justice Department will consider putting Schaffer in the federal witness security program, U.S. District Judge Amit Mehta said.

This signals that federal prosecutors see him as a valuable cooperator as they continue to investigate the militia groups and other extremists involved in the insurrection on Jan. 6 as Congress was meeting to certify President Joe Biden’s electoral win.

Schaffer was accused of storming the Capitol and spraying police officers with bear spray. He pleaded guilty in a deal with prosecutors in federal court in Washington to two counts: obstruction of an official proceeding, and entering and remaining in a restricted building with a dangerous or deadly weapon.

An email seeking comment was sent to an attorney for Schaffer.

Schaffer is among more than 370 people facing federal charges in the deadly insurrection, which sent lawmakers into hiding and delayed the certification of Biden’s win. The Justice Department has indicated it is in separate plea negotiations with other defendants.

 

12:15 P.M. UPDATE

Jon R. Schaffer has agreed to plead guilty to two federal charges for his involvement during the Jan. 6 insurrection at the U.S. Capitol, making him the first insurrectionist to do so, according to court documents.

Schaffer, 53, Edinburgh, was scheduled to plead guilty Friday to obstruction of an official proceeding and entering and remaining in a restricted building or grounds with a deadly or dangerous weapon. The first charge carries up to 20 years in prison while the second can be as many as 10 years.

Schaffer was charged by criminal information, which is used when a defendant waives their right to an indictment, the Washington Post reported. The two charges have been brought against around one-fourth of the 410 individuals charged in the Jan. 6 riot to date.

Count one states: “On or about January 6, 2021, within the District of Columbia, Jon Schaffer attempted to, and did, corruptly obstruct, influence, and impede an official proceeding; that is, Schaffer forcibly entered the Capitol to, and did, stop, delay, and hinder Congress’s certification of the Electoral College vote.

Count two states: “On or about January 6, 2021, within the District of Columbia, Jon Schaffer unlawfully and knowingly enter and remain in a restricted building and grounds, that is, any posted, cordoned-off, and otherwise restricted area within the United States Capitol and its grounds, where the Vice President (Mike Pence) was temporarily visiting, without lawful authority to do so, and, during and in relation to the offense, did carry a deadly and dangerous weapon, that is, a cannister of bear repellent capsaicin pepper spray, commonly referred to as “bear spray.'”

ORIGINAL STORY

WASHINGTON — Jon Schaffer, 53, Edinburgh, who faced six charges in connection with the insurrection at the U.S. Capitol on Jan. 6, has told the court he plans to plead guilty to two of the charges in United States District Court for the District of Columbia.

Reports indicate he has also agreed to cooperate with prosecutors in the prosecution of other defendants charged in the insurrection.

He is the first of those charged in the insurrection to agree to plead guilty to charges.

Schaffer has been jailed, first in Indianapolis and later in Washington D.C., after surrendering to the FBI in Indianapolis on Jan. 18.

He was photographed inside the Capitol wearing a hat that said “Oath Keepers Lifetime Member,” with what is believed to be bear spray in his hand.

A statement of fact in the case 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 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.”

For more on this story, see Saturday’s Republic.