The Justice Department doesn't want to return to Jacob Chansley the infamous horned helmet and flag-pole spear that he carried inside the US Capitol on January 6, 2021.
Prosecutors say they need to hold onto the items as evidence in case Chansley, known as the "QAnon Shaman", attempts to challenge his conviction following the Supreme Court ruling last month limiting obstruction charges against January 6 rioters, in a case called Fischer v US.
Chansley pleaded guilty — without a trial — to the felony obstruction charge and was sentenced to 41 months in prison in 2021.
He has finished serving his prison time but has two years left of court-supervised release.
Meanwhile, he has sought to get his seized property back.
"The government should and must retain actual evidence of a crime where, as here, the defendant pled guilty to a crime that he may contest given the decision in Fischer," prosecutors wrote yesterday to the judge overseeing Chansley's case.
"The government would like to ensure finality in the appellate process in this and other cases," prosecutors added.
"The government's request to continue to hold the property as evidence until such finality in the criminal prosecution is assured is thus appropriate."
The Justice Department also said it may consider keeping Chansley's spear and helmet as part of a civil forfeiture.
