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DOJ wants Jacob Chansley, the 'QAnon Shaman' and 'flagbearer' of January 6, to serve 51 months in prison

Chansley's attorney, Albert Watkins, argues his client suffers from significant mental health vulnerabilities and should be allowed to continue seeking treatment.

WASHINGTON — The Justice Department asked a federal judge Tuesday to sentence the Capitol rioter known as the “QAnon Shaman” to 51 months in prison – it’s highest sentencing request to date in any January 6 case.

In its sentencing memo, the DOJ said Jacob Chansley – the Arizona man who wore a horned hat and carried a spear into the U.S. Capitol – was among the first 30 rioters who entered the building on January 6. Once inside, Chansley used a bullhorn to challenge police and to “rile up the crowd and demand that lawmakers be brought out.”

Chansley eventually made it all the way onto the Senate dais, where he sat in the seat reserved for Vice President Mike Pence. Chansley left a note on the dais stating, “It’s Only a Matter of Time. Justice is Coming!”

Following the riot, Chansley gave a number of interviews in which he called January 6 “a win” and minimized his actions. In one, he claimed was merely intending “to bring divinity, to bring God back into the Senate.”

“The defendant stalked the hallowed halls of the building, riling up other members of the mob with his screaming obscenities about our nation’s lawmakers, and flouting the ‘opportunity’ to rid our government of those he has long considered to be traitors,” the DOJ wrote. “All of this took place mere minutes after the Vice President of the United States was evacuated from the Senate Chamber. The defendant’s consistent argument throughout this case that his actions on that day were peaceful is undermined by the evidence submitted to this Court, but demonstrative of a persistent mindset that could lead the defendant to commit similar acts again.”

“What should have been a day in which Congress fulfilled its solemn, constitutional duty in certifying the vote count of the Electoral College, ensuring the peaceful transition of power in our nation, was disrupted by a mob of thousands on January 6, 2021,” the DOJ wrote. “And this defendant was, quite literally, their flagbearer.”

Chansley pleaded guilty in September to one count of obstruction of an official proceeding – a felony charge with a maximum sentence of 20 years in prison. Federal guidelines call for him to serve a recommended sentence of 41-51 months in prison. In his own memo, Chansley’s attorney, Albert Watkins, has asked a judge to sentence him to a period of incarceration “significantly below” that range.

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Watkins has described Chansley as someone who led a troubled life and who was drawn into the QAnon communities through his support of former President Donald Trump – in whom he saw a “kindred spirit.” Chansley’s family, particularly his mother, allegedly share many of those beliefs and encouraged him for months not to accept a plea deal out of a belief that Trump would eventually be reinstated as president.

“Jake was, like a lot of Americans, in a position of feeling that his voice wasn’t being heard," Watkins said during a September press conference. "For the first time, he felt like there was a politician whose message he heard. Who he felt was being spoken to him. He felt a fondness for Trump that was not unlike a first love."

In his memo, Watkins said Chansley had been living for 15 years with untreated schizotypal personality disorder, and that since his discharge from the U.S. Navy and the deaths of his father and step-father, he has been largely on his own.

“Mr. Chansley has spent his adult years as a longer, with neither guidance nor resources, forging his own path in a society that is largely unequipped to identify and help people like him, people with mental health vulnerabilities,” Watkins wrote.

Watkins has suggested in the past that a supervisory sentence that would allow Chansley to continue the mental health treatment he’s begun receiving in jail would be the best option. In his memo, he asked the judge to impose a sentence “significantly below” the recommended range.

“It is time for the Shaman to start on his journey to freedom,” Watkins wrote. “Not from jail, but from mental health infirmities of significance. It is time for Mr. Chansley to commence his journey from within.”

Chansley was scheduled to appear for his sentencing at 10 a.m. on November 17 before U.S. District Judge Royce C. Lamberth.

We're tracking all of the arrests, charges and investigations into the January 6 assault on the Capitol. Sign up for our Capitol Breach Newsletter here so that you never miss an update.

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