Despite the request for sealing, the submission appeared on the court’s public deed Monday afternoon, hours before the proposed Tuesday hearing on whether Schaffer should be detained. At the request of both sides, Howell adjourned the trial until April 21.
The five-page submission describes good faith “to conclude an agreement that will include Schaffer’s cooperation. Although Schaffer’s involvement with the broader Oath Keepers organization is unclear, the U.S. attorney in Washington has a dozen members of the pro-Trump, anti-government paramilitary group, charged with conspiracy to stop the congressional certification of the 2020 election.
“Based on these interrogation interviews, the parties are currently engaged in good faith plea negotiations, including discussions on the possibility of entering into a plea agreement for cooperation aimed at resolving the case without charge,” U.S. Attorney Ahmed Baset and Louis Manzo wrote. . “Under the proposed plea conditions upon acceptance of a plea, the accused’s release is pending sentencing.”
After a trial last month, Magistrate Judge Zia Faruqui in Washington ordered that Schaffer be detained pending trial. However, Schaffer’s lawyers filed a lawsuit against Howell. The government would respond to this effort, but called for a two-week delay while both parties work on a co-operation agreement.
Prosecutors indicated in the documentation on Monday that they would quickly charge Schaffer if their plea negotiations fell apart at that time. They also indicated that the disclosure of the existence of these plea discussions could jeopardize their criminal investigation.
“If this information is alerted, investigative targets against which the defendant provides information may be immediately prompted to flee from prosecution, destroy or conceal incriminating evidence, change their operational tactics to prevent future detection, influence or influence potential witnesses. intimidate, and otherwise take steps to undermine the investigation and avoid future prosecution, ”Baset wrote. “Consequently, these facts present an extraordinary situation and an overriding government interest that justifies the sealing of this documentation in relation to this investigation currently being filed.”