WASHINGTON — “QAnon Shaman” Jacob Chansley will regain possession of the makeshift spear and horned helmet that he carried as he stormed the U.S. Capitol during the January 6, 2021, riot with other Trump supporters, a federal judge ruled Monday.
The Department of Justice failed to show why it still needed his property, which had made him an iconic face of the Capitol riot, Judge Royce Lamberth wrote in an order in Washington, D.C., federal court.
“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 last month said it wanted to hold on to Chansley’s property, because despite having expressed remorse at his criminal sentencing, he has since challenged his conviction and sentence.
“In other words, 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 the July 12 court filing.
Lamberth was unconvinced by that argument.
“Even if the government may need to reprove Mr. Chansley’s guilt, the government has not explained why it would need his property,” the judge wrote in Monday’s order.
“As there is voluminous video and photo evidence of Mr. Chansley’s conduct, his property is of little utility for an investigation or prosecution and ‘the United States’ legitimate interests can be satisfied even if the property is returned,’” he wrote.
Chansley was among the first of thousands of rioters who stormed and occupied the Capitol building on Jan. 6, the day that Congress convened for a joint session to confirm the Electoral College victory of President Joe Biden over then-President Donald Trump.
The mob of Trump supporters forced lawmakers to flee the chambers of the Senate and the House, delaying the confirmation process for hours.
Chansley led chants on the floor of the Senate and sat in the chair that was used by then-Vice President Mike Pence to preside over proceedings there.
Chansley’s striking appearance quickly made him a symbol of the insurrection. His outfit, coupled with his support for the pro-Trump QAnon conspiracy theory, earned him his spiritual sobriquet.
“He was like thousands of others that day,” Lamberth wrote in Monday’s order. “But he stood out to the entire world because of his ‘unmistakable outfit.’”
The DOJ in its criminal complaint against Chansley described him as having been “dressed in 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 to be charged by the DOJ, which since has filed charges against nearly 1,500 defendants.
Chansley later pleaded guilty to one count of obstruction of an official proceeding, and was sentenced in November 2021 to 41 months in prison.
He won an early release in March 2023 and then moved into his mother’s house.
By KEVIN BREUNINGER/CNBC