Judge orders return of ‘QAnon Shaman’ headdress and spear

A federal judge on Monday ordered the government to return property — including a 6-foot spear and a fur headdress with horns — seized in connection with the case against U.S. Capitol rioter Jacob Chansley, also known as the “QAnon Shaman.” ”.

Federal Public Ministry argued the property was supposed to remain in the government’s possession in the event Chansley challenged his conviction – pointing to a recent Supreme Court ruling that weakened the primary charge against Chansley.

But U.S. District Judge Royce Lamberth was unconvinced by that argument, writing that “it is unclear how Mr. Chansley could challenge his conviction, given that he was convicted, abandoned his direct appeal, and saw his motion denied.”

“But even if the government needs to disprove Mr. Chansley’s guilt, the government has not explained why it would need his property,” Lamberth continued, noting the “voluminous video and photo evidence” of Chansley’s conduct on January 6, 2021 , which makes the property “of little use to an investigation or prosecution.”

The Justice Department noted in a recent court filing that it might consider taking steps to seek a civil forfeiture, but Lamberth rejected that argument as a legitimate basis for denying Chansley’s request to return his property.

“If the government had simply sought civil forfeiture, Mr. Chansley’s motion might have been different. But the Court sees no reason to delay or deny relief to Mr. Chansley based on the government’s hypothetical future choice to take a step it could have already taken,” Lamberth wrote.

Chansley pleaded guilty to a felony charge of obstructing an official proceeding in September 2021, in a plea deal that allowed five other charges against him to be dismissed. Chansley completed his prison sentence and much of his supervised release.

He was sentenced to 41 months in prison in November of that year, but was sent to a halfway house about a year and a half later. Inmates can have their sentences reduced for good behavior while in prison.

Chansley became one of the most notorious Capitol rioters because of his elaborate attire worn inside the Capitol during the Jan. 6, 2021 attack — from the horned helmet to the face paint and bare chest.

This story originally appeared on thehill.com read the full story