The Department of Justice must return the horned helmet and spear that “QAnon Shaman” Jacob Chansley had when he participated in the January 6, 2021 riot at the US Capitol, a judge has ruled.
Chansley, who was sentenced to more than three years in prison for his actions during the attack, asked the government to return the property it confiscated in May: a horned coyote-tail headdress and a pole with an American flag attached to it and a metal spearhead. he won an early release in March 2023.
The DOJ argued that the items, which were “used to project force during the attack on the US Capitol on January 6, 2021,” should remain in federal custody. The Justice Department also said Chansley had questioned his conviction and sentence after previously regretting storming the building.
Jacob Chansley
Manuel Balce Ceneta/AP In this Jan. 6, 2021, file photo, rioters supporting President Donald Trump, including Jacob Chansley, are confronted by U.S. Capitol Police officers outside the Senate chamber inside the Capitol in Washington. (Manuel Balce Ceneta/AP)
DC District Court Judge Royce Lamberth decided on Monday that the goods should be returned.
“Mr. Chansley has completed his prison sentence and a large portion of his time on supervised release. He has now moved to recover his property seized and still held by the government, including his spear and helmet,” Lamberth wrote.
“Because there is extensive video and photographic evidence of Mr. Chansley’s conduct, his property is of little use to an investigation or prosecution and “the legitimate interests of the United States can be served even if the property is returned,” he wrote.
The federal investigation into the Capitol break-in has led to more than 1,000 arrests and hundreds of convictions.
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