In a recent development, the Justice Department is refusing to return Jacob Chansley, also known as the “QAnon Shaman,” his iconic horned helmet and flag-pole spear that he carried during the January 6, 2021, Capitol riot.
Prosecutors have stated that they need to retain these items as evidence in case Chansley decides to challenge his conviction following the recent Supreme Court ruling in the Fischer v US case, which limited obstruction charges against January 6 rioters.
Chansley had previously pleaded guilty to a felony obstruction charge and was sentenced to 41 months in prison in 2021. Although he has completed his prison term, he still has two years of court-supervised release remaining.
Despite this, Chansley has been attempting to reclaim his seized property. Prosecutors argue that it is crucial to retain the evidence of the crime, especially since Chansley may contest his conviction in light of the Supreme Court ruling.
In a statement to the judge overseeing Chansley’s case, prosecutors emphasized the importance of ensuring finality in the appellate process, stating that it is appropriate to continue holding the property as evidence until the criminal prosecution is fully resolved.
Furthermore, the Justice Department has indicated that they may pursue civil forfeiture of Chansley’s spear and helmet as well.
