Jacob Chansley, famously known as the “QAnon Shaman,” was seen shouting “Freedom” inside the U.S. Senate chamber after a mob breached the Capitol during a joint session of Congress on January 6, 2021. A federal judge has now ruled that Chansley will get back the makeshift spear and horned helmet he carried during the riot. The Department of Justice (DOJ) could not justify retaining these items, which had made Chansley a prominent figure in the Capitol attack, according to Judge Royce Lamberth’s order in Washington, D.C.
The DOJ had argued that it needed to keep Chansley’s property because he had challenged his conviction and sentence despite showing remorse during his criminal sentencing. However, Judge Lamberth found this reasoning unconvincing, noting that there is ample video and photographic evidence of Chansley’s actions, making the physical items unnecessary for further investigation or prosecution.
Chansley was one of the first rioters to enter the Capitol on January 6, the day Congress was set to certify President Joe Biden’s Electoral College victory over former President Donald Trump. The mob’s actions forced lawmakers to evacuate, delaying the certification process for several hours. Chansley, with his distinctive attire and support for the QAnon conspiracy theory, quickly became a symbol of the insurrection. He led chants on the Senate floor and sat in the chair used by then-Vice President Mike Pence.
The DOJ described Chansley in its criminal complaint as wearing horns, a bearskin headdress, red, white, and blue face paint, and carrying a six-foot spear with an American flag. Chansley was among the first to be charged by the DOJ, which has since prosecuted nearly 1,500 individuals involved in the riot. He pleaded guilty to obstructing an official proceeding and was sentenced to 41 months in prison in November 2021. Chansley was released early in March 2023 and has since moved in with his mother.