Judge Orders DOJ To Return Property To 'QAnon Shaman'

Jacob Chansley, also known as the “QAnon Shaman,” screams “Freedom” inside the U.S. Senate chamber after the U.S. Capitol was breached by protestors during a joint session of Congress on January 6, 2021 in Washington, DC.

A federal judge has ordered the government to return property seized in connection to the case against U.S. Capitol protester Jacob Chansley.

On Monday, U.S. District Judge Royce Lamberth ordered the government to return his property, which included a “6-foot spear” and a “horned fur headdress.”

In light of a recent Supreme Court ruling that diminished the main charge against Chansley, who is known as the “QAnon Shaman,” federal prosecutors contended that the property had to remain in the government’s custody in the event that Chansley challenged his conviction.

However, Lamberth said 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. “The voluminous video and photo evidence of Chansley’s conduct on January 6^th, 2021, renders the property of little utility for an investigation or prosecution.”

Lamberth rejected the Justice Department’s justification for rejecting Chansley’s request for his property back, citing the department’s consideration of pursuing a civil forfeiture in a recent court filing.

“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.

In September 2021, Chansley entered a plea agreement to admit guilt to a felony charge of obstructing an official proceeding, which resulted in the dismissal of five additional charges against him. Chansley has served his jail term and he has been released under strict supervision.

In November of that year, he was given a 41-month prison sentence. However, a year and a half later, he was transferred to a halfway house. Reductions in sentences are available to prisoners who behave well while incarcerated.

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