Jacob Chansley, also known as the “QAnon Shaman,” wants the federal government to return the horned headdress and flagpole spear he sported during the deadly Jan. 6, 2021 attack.
Chansley, one of over 700 of people sentenced for their roles in the Capitol riot, publicly called to get the items back in January and later filed a motion in May for the return of property seized following his 2021 arrest.
The government, in a court filing Friday, acknowledged that Chansley has asked for the spear and helmet “used to project strength during the assault” on the Capitol but it wants to hold the items should he challenge his sentence after a recent Supreme Court ruling limiting obstruction charges against Jan. 6 rioters, NBC News reported.
Chansley was released from prison early in May 2023 and has two years remaining in his court-supervised release.
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Chansley, who expressed interest in running for Congress last year, told The Daily Beast in January that it’s “rather upsetting” the government isn’t doing what it’s “supposed to do” by not returning the property.
“They gave my mom the car back shortly after the investigation was over, but they refused to give me my headdress and my staff and my phone and my pants. So what’s up with that?” he asked.
Federal prosecutors wrote on Friday that the government “should and must retain actual evidence of a crime” which a defendant has pled guilty to and may contest due to the SCOTUS ruling, CNN noted.
“The government would like to ensure finality in the appellate process in this and other cases,” prosecutors wrote.
“The government’s request to continue to hold the property as evidence until such finality in the criminal prosecution is assured is thus appropriate.”