QAnon Shaman Should Not Have His Helmet and Spear Returned After January 6 Sentence Was Completed

According to the Justice Department, it has charged more than 1200 individuals in relation to the attack on the Capitol on January 6, 2021. Prosecutors have reportedly secured more than 718 guilty pleas and more than 460 defendants have received prison time.  

Judge Royce Lambert ordered the Justice Department to return Jacob Chansley’s spear and helmet back to him. Chansley was the self-described “QAnon Shaman” in the United States Capitol on January 6, 2021. Chansley served 41 months in prison for his role in the attack. The Justice Department opposed Chansley’s request, arguing that such objects were “used to project strength during the assault on the US Capitol on January 6, 2021” and should remain in government custody.  

Judge Lamberth wrote that Chansley had completed his prison sentence and most of his supervised release. Since the federal government had not shown that the spear and helmet were still needed as evidence and/or sought their forfeiture, he is entitled to his possessions.  

Why Would the Federal Government Want to Keep the Spear and Helmet?

It is a general legal principle that criminals defendants should not profit from their crimes. If a defendant can make money by breaking the law, then more people would be tempted to violate the law. For instance, prosecutors will generally attempt to seize money made from stolen property.  

Chansley may also want to sell his spear and helmet as mementos to those who supported January 6. It is crucial to the federal government that another attack like January 6 not occur again. Denying a potential source of fundraising for bad actors and discouraging potential future attacks are more important than any rights that Chansley may have to his personal property.  

Of course, Chansley has a right to due process. Civil asset forfeiture, when the government seizes property before a defendant is convicted, or even charged, should be illegal. However, Chansley was convicted and there is no doubt he was found guilty. He forfeited many of his rights when he participated in the attack on Congress. Chansley’s right to ownership and possession of his spear and helmet should be among the forfeited rights, as his costume accessories have since become symbols of the insurrection. The removal of those symbols would go a long ways towards protecting the country and should not have been returned to Chansley for potentially nefarious purposes.  

Should I Consult an Attorney If My Property Is Being Seized by the Government?

It is essential to have the assistance of a criminal defense attorney for any issues, questions, or concerns you may have related to civil forfeiture. Your attorney can review your case, advise you of the civil forfeiture laws of your state, and represent you in court.