Attorneys for Iced Earth vocalist and guitarist Jon Schaffer have filed a motion in court to dismiss all charges against Schaffer over his participation in the January 6 insurrection at the Capitol building.
According to Blabbermouth, the attorneys are citing the Speedy Trial Act and requesting all charges be dismissed because Schaffer hasn't been charged with any crime quickly enough. As the site puts it, "Since the Speedy Trial Act required the government to file an information or an indictment within 30 days of Schaffer's arrest, the 'complaint must be dismissed,' they wrote."
Politico reports that DC federal prosecutors have been stretched thin due to the riots. In all of last year, the court recorded 290 cases. This year, there are already 199 cases within three months, mostly due to the riots.
Schaffer is currently being held at Marion County Jail in Indiana and is charged for his role in the Capitol insurrection, of which terrible footage has surfaced recently. Schaffer turned himself into authorities on January 17. WISH-TV reports U.S. government officials not to grant Schaffer bail.
Schaffer has previously identified as “a constitutional conservative.”
The FBI has charged Schaffer with six different charges, one of which accuses him of spraying Capitol police with bear spray, a more potent form of pepper spray. Schaffer is not guaranteed bail, and must prove that he is not a threat to himself or the public to be granted so. Schaffer is dealing with the following charges:
- Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority
- Disrupting the Orderly Conduct of Government Business
- Knowingly Engaging 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
- Engaging in an Act of Physical Violence in a Capitol Building
- Parading, Demonstrating, or Picketing in a Capitol Building
Schaffer was wearing an Oath Keepers hat during the raid as is believed to be a member of the group. The Indiana chapter of the Oath Keepers distanced themselves from Schaffer, without directly naming him, saying he was never a member of their chapter.