Jacob Chansley, known as the “QAnon Shaman,” will regain possession of the spear and horned helmet he used during the January 6, 2021, Capitol riot. A federal judge ruled on Monday that the Department of Justice (DOJ) failed to justify retaining these items.
Judge Royce Lamberth of Washington D.C. federal court stated that the DOJ did not demonstrate a need to keep Chansley’s property, which had become symbolic of the riot.
“Since the government has not established that it still needs these items as evidence and has not sought their forfeiture, the Court will GRANT Mr. Chansley’s motion,” Lamberth wrote.
The DOJ argued that it wanted to retain Chansley’s property because he has challenged his conviction and sentence despite expressing remorse at his sentencing.
“The government would like to ensure finality in the appellate process in this and other cases,” U.S. Attorney for the District of Columbia Matthew Graves wrote in a court filing.
Lamberth was unconvinced, noting that the government did not explain why it needed Chansley’s property to reprosecute him if necessary.
“Given the abundance of video and photographic evidence of Mr. Chansley’s conduct, his property is of little use for further investigation or prosecution,” Lamberth wrote, adding that “the United States’ legitimate interests can be satisfied even if the property is returned.”
Chansley was among the first to storm the Capitol on January 6, the day Congress met to certify President Joe Biden’s Electoral College victory over then-President Donald Trump. The mob forced lawmakers to flee, delaying the certification process for hours.
Chansley led chants on the Senate floor and sat in the chair used by then-Vice President Mike Pence. His distinctive appearance and support for the pro-Trump QAnon conspiracy theory quickly made him a symbol of the insurrection.
“He was like thousands of others that day,” Lamberth wrote, “but he stood out to the entire world because of his ‘unmistakable outfit.’”
The DOJ’s criminal complaint described Chansley as wearing “horns, a bearskin headdress, red, white, and blue face paint, shirtless, and tan pants,” and carrying “a spear, approximately 6 feet in length, with an American flag tied just below the blade.”
Chansley was one of the first rioters charged by the DOJ, which has since filed charges against nearly 1,500 defendants. He pleaded guilty to one count of obstruction of an official proceeding and was sentenced to 41 months in prison in November 2021.
He was released early in March 2023 and has since moved in with his mother.
