(TheLastPatriotNews.com) – A federal judge has mandated that the federal government return various items, including a 6-foot spear and a horned fur headdress, that were confiscated in connection with the prosecution of Jacob Chansley, the individual known as the “QAnon Shaman,” who participated in the January 6 protests at the US Capitol.
Federal prosecutors contended that these items should remain under government control in anticipation of a possible contestation of Chansley’s conviction.
This stance was influenced by a recent Supreme Court decision that potentially undermines the main charge against Chansley.
However, U.S. District Judge Royce Lamberth dismissed this rationale, The Hill reports.
“It is not clear how Mr. Chansley could contest his conviction, as he has been sentenced, abandoned his direct appeal, and seen his motion denied,” the judge wrote.
Judge Lamberth further articulated skepticism about the necessity of retaining Chansley’s possessions, pointing out the extensive video and photographic evidence documenting Chansley’s actions during the January 6 events.
He argued that the confiscated items held “little utility for an investigation or prosecution.”
In a recent judicial document, the Justice Department expressed the possibility of initiating a civil forfeiture process regarding Chansley’s property.
However, Judge Lamberth refuted this as a viable reason to withhold the property.
“Had the government simply sought civil forfeiture by now, Mr. Chansley’s motion may have turned out differently. But the Court sees no reason to delay or deny Mr. Chansley relief based on the government’s hypothetical future choice to take a step it could have already taken,” the judge wrote.
Chansley entered a guilty plea to a felony charge of obstructing an official proceeding in September 2021 as part of a plea agreement that led to the dismissal of five other charges. He has since completed his prison term and the majority of his supervised release period.
Sentenced to 41 months in November of the same year, Chansley was relocated to a halfway house approximately eighteen months later, benefiting from the standard reduction in sentencing for good behavior while incarcerated.
Chansley’s distinct and theatrical appearance, characterized by his horned helmet, face paint, and bare chest, marked him as one of the most recognizable figures in the events at the US Capitol on January 6, 2021.
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