July 13th 2024.
The Department of Justice is currently facing a dilemma regarding the return of certain items to Jacob Chansley, also known as the "QAnon Shaman". These items include a horned helmet and flag-pole spear that Chansley famously carried inside the US Capitol on January 6, 2021. According to prosecutors, they need to hold onto the items as evidence in case Chansley decides to challenge his conviction following a recent Supreme Court ruling.
In the case of Fischer v US, the Supreme Court limited obstruction charges against January 6 rioters. Chansley had previously pleaded guilty to a felony obstruction charge and was sentenced to 41 months in prison in 2021, without a trial. Although he has finished serving his prison time, he still has two years of court-supervised release left. In the midst of all this, Chansley has expressed a desire to retrieve his seized property.
However, prosecutors believe that keeping the items as evidence is necessary. They argue that it is important to have physical evidence of the crime, especially since Chansley may contest his guilty plea in light of the Fischer ruling. In a statement to the judge overseeing Chansley's case, prosecutors emphasized the need for finality in the appellate process, not just for this case but for others as well. Therefore, they have requested to continue holding the items as evidence until the criminal prosecution is fully resolved.
The Justice Department has also mentioned the possibility of keeping Chansley's spear and helmet as part of a civil forfeiture. This means that the government may take possession of the items permanently, as they were allegedly used in the commission of a crime. While this decision has not been finalized, it is something that the Department is considering.
All in all, the Justice Department believes that retaining the items as evidence is crucial for the proper resolution of Chansley's case and for the overall justice system. They are also exploring other options, such as civil forfeiture, to ensure that justice is served.
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