A federal judge on Monday ordered the Justice Department to return the spear and horned-helmet sported by Jacob Chansley, the self-described “QAnon Shaman,” as he stormed the U.S. Capitol on Jan. 6, 2021.
Chansley, who was sentenced to 41 months in prison for his role in the events of Jan. 6, requested in May that the government return the property it confiscated from him at the time of his arrest, including the “horned coyote-tail headdress” and “a six-foot pole with an American flag ziptied to the shaft and a metal spearhead fixed to the top,” as the government has described them.
The Justice Department pushed back on Chansley’s request, arguing in court papers that the items, which were “used to project strength during the assault on the U.S. Capitol on January 6, 2021,” should remain in federal custody.
But on Monday, Judge Royce Lambert sided with Chansley and ordered the government to return his “unmistakable outfit,” as it has been described in court papers.
Jacob Chansley, also known as the “QAnon Shaman,” screams “Freedom” inside the U.S. Senate chamber after the Capitol was breached by a mob during a joint session of Congress in Washington, DC, Jan. 6, 2021.
Win Mcnamee/Getty Images
“Mr. Chansley has completed his prison sentence and much of his term of supervised release. Now, he has moved for the return of his property seized and still held by the government, including his spear and helmet,” Judge Lamberth wrote.
“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,” the judge said.
More than 1,265 individuals have been charged in the Capitol attack, with prosecutors securing more than 718 guilty pleas, resulting in incarceration for more than 460 defendants, according to the Justice Department.
In a recent court ruling, a judge has ordered the Justice Department to return the helmet and spear belonging to the infamous ‘QAnon Shaman’ to his possession. The decision comes after months of legal battles and controversy surrounding the items, which were confiscated from the man following his arrest in connection with the January 6th Capitol riot.
The ‘QAnon Shaman’, whose real name is Jacob Chansley, gained notoriety for his distinctive attire and prominent role in the violent insurrection at the US Capitol earlier this year. Clad in a horned fur hat, face paint, and carrying a spear, Chansley quickly became one of the most recognizable figures from the riot.
Following his arrest, Chansley’s belongings, including his helmet and spear, were seized by law enforcement as evidence in the case against him. However, his legal team argued that the items were not weapons and held significant personal and religious value to Chansley.
In a recent court hearing, Judge Royce Lamberth ruled that the helmet and spear must be returned to Chansley, stating that they did not pose a threat to public safety and were not used as weapons during the riot. The decision has been met with mixed reactions, with some praising the judge’s decision to respect Chansley’s rights and beliefs, while others criticize the return of the items to a man involved in such a violent event.
The ruling raises important questions about the balance between individual rights and public safety in cases involving controversial figures like Chansley. While it is important to uphold the rule of law and hold individuals accountable for their actions, it is also crucial to respect their rights and beliefs, even in cases where they may be unpopular or controversial.
As Chansley prepares for his trial on charges related to the Capitol riot, the return of his helmet and spear serves as a reminder of the complex legal and ethical issues at play in cases of this nature. The outcome of his trial will undoubtedly have far-reaching implications for how similar cases are handled in the future and will continue to spark debate about the limits of individual rights in times of crisis.
