The Republic is reporting that a federal judge has granted a request to postpone sentencing for a former Columbus resident who has pleaded guilty to storming the U.S. Capitol on January 6, 2021, after prosecutors asked for the delay following the U.S. Supreme Court’s recent ruling on the scope of an obstruction charge.
U.S. District Judge Amit P. Mehta on Tuesday postponed former heavy metal musician and Columbus resident Jon Schaffer’s August 2 sentencing hearing to September 13, according to court filings in U.S. District Court in Washington, D.C. The decision came just days after U.S. Attorney Matthew M. Graves asked the judge to delay’s Schaffer’s hearing for 30 to 60 days in light of the Supreme Court decision.
“The United States seeks a brief continuance to assess the impact of the (Supreme Court) decision,” Graves stated in his request last week. “Such a continuance would not prejudice the defendant or the Court; to the contrary, it would help to ensure a uniform and consistent approach before each judge of the District and Circuit. The United States has consulted with the defense, and they do not oppose this continuance request.”
The justices ruled 6-3 last month that the charge of obstructing an official proceeding, enacted in 2002 in response to the financial scandal that brought down Enron Corp., must include proof that defendants tried to tamper with or destroy documents, The Associated Press reported.
The obstruction charge was one of two charges that Schaffer pleaded guilty to. He also pleaded guilty to one count of entering and remaining in a restricted building or ground with a deadly or dangerous weapon.
Currently, it is unclear if or how the high court’s ruling will impact the prosecution of Schaffer. Court filings do not make any mention of Schaffer trying to tamper with or destroy documents during the Jan. 6 attack.
Schaffer, who is a former member of the heavy metal band Iced Earth, was photographed inside the Capitol wearing a tactical vest and hat that said, “Oath Keepers Lifetime Member,” with bear spray in his hand, according to court filings.
As part of his guilty plea, Schaffer acknowledged that he is “a founding, lifetime member of the Oath Keepers” and believes that “the federal government has been ‘co-opted’ by a cabal of elites actively trying to strip American citizens of their rights.”
Read the full report at The Republic.