INDIANAPOLIS — 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 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.”
The FBI has described the Oath Keepers as an organization “that characterizes itself as a militia of former law enforcement and military personnel and has often, as a group, urged President (Donald) Trump to declare Martial Law in order to prevent the Congress from certifying the Electoral College Results.”
The FBI has been investigating dozens of cases tied to extremist groups, including the Oath Keepers, according to wire reports. A court filing on Monday alleged that Oath Keepers founder Stewart Rhodes, along with other regional Oath Keepers leaders, had direct contact during the events of Jan. 6.
The Indiana chapter of the Oath Keepers have said Schaffer is not a member of their organization.
Court documents show that Schaffer is being represented by Marc. J. Victor of Attorneys for Freedom Law Firm. According to attorneysforfreedom.com, Victor is president of the law firm and is a certified criminal law specialist by the Arizona Board of Legal Specialization.
Victor was the Libertarian Party candidate for the U.S. Senate in Arizona in 2012. His firm’s website says he has represented clients in serious state and federal criminal law matters for more than 25 years.
Schaffer, a longtime Indiana resident with ties to Columbus, is of moderate fame for his heavy metal band “Iced Earth” and side projects “Demons and Wizards” and “Sons of Liberty.”