A January 6 rioter who pleaded guilty to obstruction of an official proceeding will still face time in prison after prosecutors found a way to work around a recent Supreme Court ruling that narrowed the scope of the charge.
Jon Ryan Schaffer is scheduled to be sentenced on October 25, when he is expected to admit to a new paragraph written by prosecutors.
“The defendant’s efforts to stop, impede and delay the certification proceeding targeted—and were intended to target—all aspects of the proceeding, including impairing the availability or integrity of the records, documents, objects and other things used in the proceeding. This includes, but is not limited to, the ballot certificates at issue in the proceeding,” according to a document filed on Thursday.
Schaffer, a founding lifetime member of the Oath Keepers, was photographed among the group of people who stormed the U.S. Capitol building on January 6, 2021. The group interrupted a joint session of Congress being held to count the Electoral College votes and formalize then-President-elect Joe Biden‘s victory.
Thousands of protesters storm the U.S. Capitol in support of President Donald Trump, January 6. 2021. The Supreme Court narrowed the scope of a charge that hundreds of individuals who participated in the riot are facing.
Mihoko Owada/STRMX via ASSOCIATED PRESS
In June, the Supreme Court ruled that obstruction of an official proceeding only applies when a defendant attempted to or successfully “impaired the availability or integrity” of a physical document or object used in an official proceeding. The 6-3 ruling resulted in the dropping of charges against former Pennsylvania police officer Joseph Fischer.
More than 1,200 individuals have been charged in connection with the riot. Over 300 were charged with obstructing an official proceeding, and more than 150 have been convicted of or pleaded guilty to that charge.
Attorney General Merrick Garland has called the Justice Department’s probe into the riot “one of the largest and most complex and resource-intensive investigations in our history.”
Schaffer also pleaded guilty to entering and remaining in a restricted building or grounds with a deadly or dangerous weapon.
In the plea agreement, he admitted to attending the “Stop the Steal” rally in Washington, D.C., to protest the results of the presidential election. He admitted to wearing a tactical vest and carrying bear repellent.
Schaffer admitted to marching with a large group from the rally to the Capitol. He also admitted to being at the front of a crowd that broke open doors being guarded by Capitol police, pushing past the doors and entering the Capitol.
Schaffer faces up to 30 years in prison.
Do you have a story Newsweek should be covering? Do you have any questions about this story? Contact LiveNews@newsweek.com.
