COLUMBUS, Ind. — Attorneys representing Jon R. Schaffer have filed a motion to dismiss all alleged charges for his involvement during the insurrection at the U.S. Capitol on Jan. 6.
Court documents filed by Schaffer’s attorneys on March 9 request that Schaffer be released immediately under the claim that the government has violated the Speedy Trial Act.
The Speedy Trial Act requires the government to file an information or an indictment within 30 days of arrest. Schaffer’s attorneys cited the 2014 court opinion of United States v. Fahnbulleh in its motion.
Schaffer, 52, Edinburgh, has been held at the Marion County Jail since he turned himself in to Indianapolis law enforcement on Jan. 17. Jail officials confirmed Schaffer was still being held at the jail as of Thursday morning.
Schaffer waived his preliminary hearing, as well as his rights to an identity hearing and production of a warrant, on Jan. 19. On Jan. 22, U.S. Magistrate for the Southern District of Indiana judge Mark Dinsmore signed an order for Schaffer to appear in Washington D.C.’s district.
Dinsmore’s order stated that a U.S. marshal will transport the defendant to the charging district, and that the attorney and the clerk of the court will schedule further proceedings once Schaffer has arrived.
Schaffer faces six different federal charges for his alleged involvement of the riot, including engaging in an act of physical violence in a Capitol building.
Photos and video from Jan. 6 show Schaffer wearing a blue hooded sweatshirt under a tactical vest with a baseball cap that reads “Oath Keepers Lifetime Member.”
For more on this story, see Friday’s Republic.
