A federal judge on Monday ordered the government to return property — including a 6-foot spear and a horned fur headdress — seized in connection to the case against U.S. Capitol rioter Jacob Chansley, otherwise known as the “QAnon Shaman.”
Federal prosecutors argued the property should stay in the government’s possession in case Chansley contested his conviction — pointing to a recent Supreme Court decision that weakened the primary charge against Chansley.
But U.S. District Judge Royce Lamberth was not convinced by that argument, writing it “is not clear how Mr. Chansley could contest his conviction, as he has been sentenced, abandoned his direct appeal, and seen his motion denied.”
“But even if the government may need to reprove Mr. Chansley’s guilt, the government has not explained why it would need his property,” Lamberth continued, noting the “voluminous video and photo evidence” of Chansley’s conduct on Jan. 6, 2021, that renders the property “of little utility for an investigation or prosecution.”
The Justice Department noted in a recent court filing that it might consider taking steps toward seeking a civil forfeiture, but Lamberth rejected that argument as a legitimate basis for denying Chansley’s request to return his property.
“Had the government simply sought civil forfeiture by now, Mr. Chansley’s motion may have turned out differently. But the Court sees no reason to delay or deny Mr. Chansley relief based on the government’s hypothetical future choice to take a step it could have already taken,” Lamberth wrote.
Chansley pleaded guilty to a felony charge of obstruction of an official proceeding in September 2021 in a plea deal that allowed for the dismissal of five other charges against him. Chansley has completed his prison sentence and much of his supervised released.
He was sentenced to 41 months in prison in November of that year, but he was sent to the halfway house about a year and a half later. Inmates can have their sentences reduced for good behavior while in prison.
Chansley became one of the most notorious Capitol rioters because of his elaborate garb worn inside the Capitol during the attack on Jan. 6, 2021 — from his horned helmet to his face paint to his bare chest.