Iced Earth’s Jon Schaffer Agrees to Delay ‘Speedy Trial Act’ Rights Citing Covid-19 Restrictions

After filing a motion in early March to dismiss all charges leveled against him for his role in the U.S. Capitol riots on January 6, claiming a violation of The Speedy Trial Act, Iced Earth founder Jon Schaffer has now agreed to temporarily forego the rights afforded to him by that act, arguing that his defense team needs more time to prepare their case.

In a document filed in the United States District Court for the District of Columbia today, April 2, and obtained by MetalSucks, the United States of America has filed a “Consent Motion to Continue the Status Conference and for Excludable Delay,” which extends Schaffer’s court-ordered pre-trial detention “for approximately 30 days,” until May 3. The document specifies that “Defendant concurs in this request and agrees that the delay is in his best interest.”

The agreement, as laid out in the document, is presented as beneficial for both parties. The government cites more time needed for “voluminous and evolving discovery” — ongoing collection of evidence, in layman’s terms — while Schaffer cites Covid-19 restrictions as causing difficulty and delay in communication between he and his attorneys.

Both parties have agreed that the increased length of Schaffer’s detention before his trial will not count towards enforcement of the Speedy Trial Act, which Schaffer’s counsel had previously cited after he spent 48 days in an Indiana jail before extradition to Washington, D.C. The Speedy Trial Act specifies that the government must file an indictment within 30 days of arrest.

The order, signed by United States Magistrate Judge Zia M. Faruqui, reads as follows:

“ORDERED that the complaint and previous order of pre-trial detention remain in full force and effect.

“ORDERED that the period from April 2, 2021 through May 3, 2021 shall be excluded from computing the time within which an information or indictment must be filed under the Speedy Trial Act because the ends of justice served by such a continuance outweigh the interests of the public and the defendant in a speedy trial. See 18 U.S.C. ” 3161(h)(1) & (h)(7). The
Court finds that COVID-19 has presented complications here that make it difficult for defense to meet with his client and prepare, that there is voluminous and evolving discovery, and that delay is necessary for the parties to work on a potential resolution.

“It Is So Ordered.”

Separately, Schaffer’s case is scheduled to appear in court on April 6. That particular hearing pertains to the defense’s request to release Schaffer from jail while he awaits trial, citing no history of violence and what the defense argues was a small, non-violent role in the invasion of the Capitol building.

Footage of Schaffer’s role in the riots that surfaced on February 16 seems to show him engaging in a physical fight with police officers attempting to protect the building. You can watch that below.

Additional delays have been caused by a backlog in cases related to the January 6 Capitol riots. As of March 10, the U.S. Attorney’s Office in Washington had taken on more than 250 cases, most related to the riot at the Capitol, compared to less than 20 in the same time period in 2020.

Schaffer is being represented by the Attorneys for Freedom Law Firm, a practice advertising a specialty in criminal defense, with offices located in Arizona and Hawaii.

The FBI Indianapolis Field Office indicated Schaffer, who allegedly sprayed Capitol police with bear spray, faces six federal charges:

• “Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority”
• “Disrupting the Orderly Conduct of Government Business”
• “Knowingly Engages in an Act of Physical Violence Against any Person or Property in any Restricted Building or Grounds”
• “Violent Entry and Disorderly Conduct in a Capitol Building”
• “Engage in an Act of Physical Violence in a Capitol Building”
• “Parade, Demonstrate, or Picket in a Capitol Building”

Following his arrest, The New York Times reported that authorities believed Schaffer to be a member of the Oath Keepers, an organized, far-right militia group known as the Oath Keepers who planned the invasion of the building in advance, and can be seen wearing an Oath Keepers hat in photos from the insurrection. Days later, however, the Indiana chapter of the Oath Keepers released a statement in which they asserted that Schaffer is not a member of their organization.

Iced Earth vocalist Stu Block (ex-Into Eternity), bassist Luke Appleton, and guitarist Jake Dreyer (Witherfall) have since all announced their departure from Iced Earth. Vocalist Hansi Kürsch (Blind Guardian) quit Schaffer’s other project, Demons & Wizards, earlier this month. Both of those bands no longer appear on the current or former artist pages of Schaffer’s longtime label, Century Media. The label has yet to issue a formal statement as to whether or not they’ve dropped the two acts.

Schaffer has been quite open about his far-right political views for years, openly discussing his mistrust of government (with a special emphasis on the federal reserve), asserting his belief that Trump’s loss in the popular vote in the 2016 presidential election was tipped by illegal immigrants, speaking out in favor of arming teachers to prevent school shootings, and claiming that COVID-19 is a hoax.