QAnon Shaman files motion to vacate conviction: 'Due process rights were clearly violated'

April 28, 2023

Perhaps the most recognizable January 6 defendant, the QAnon Shaman, 35, has filed a motion to vacate his conviction just one month after he was released from federal custody and sent to a halfway house.

In September 2021, the QAnon Shaman, aka Jacob Chansley, pled guilty to civil disorder and violent entry into the Capitol for his role in the melee in Washington, D.C., nine months earlier. Chansley was sentenced to serve 41 months, but he was released from federal prison in March after just 27 months. According to reports, the Bureau of Prisons may opt to allow a well-behaved federal inmate to serve the final 12 months of his sentence at a halfway house. Chansley, originally from Arizona, has been living at a halfway house in Phoenix for the past several weeks.

Now that Chansley is out of federal custody, his current attorney, William Shipley, who has stepped up to represent several January 6 defendants, has now filed a motion to vacate Chansley's conviction. The motion, filed in federal court on Thursday, argued that the Department of Justice violated its Brady obligation to provide potentially exculpatory evidence to Chansley before he pled and before his sentencing. Because the DOJ withheld the CCTV footage from inside the Capitol building, footage that indicated that Capitol police escorted Chansley throughout his time inside, Shipley claimed that the government had denied Chansley "due process."

"Because this material was favorable to Mr. Chansley for purposes of sentencing, and it was suppressed by the Government, Mr. Chansley’s due process rights were clearly violated by the failure to produce the CCTV camera video from inside the Capitol," the motion stated.

https://www.theblaze.com/news/qanon-shaman-files-motion-to-vacate-conviction-due-process-rights-were-clearly-violated