‘QAnon shaman’ says former lawyer failed him over Jan. 6 videos
New attorney for Jacob Chansley says footage paints his conduct at Capitol in a more favorable light.
"An eccentric Arizona man whose facepaint, fur stole, bare chest and bizarre headdress made him one of the best-known figures in the Jan. 6, 2021, insurrection is asking to be resentenced, saying his former lawyer failed to adequately investigate video footage indicating that, at times, police officers seemed to ease his movements through the Capitol that day.
A new attorney for Jacob Chansley, more often called the “QAnon shaman,” filed a motion Thursday night asking that Chansley’s almost three-and-a-half-year prison sentence be set aside because of “ineffective assistance” from his prior counsel, Albert Watkins, in connection with the video issue.
Chansley’s motion, filed by former federal prosecutor William Shipley, says Watkins should have sought to postpone Chansley’s sentencing in November 2021 after prosecutors signaled that they planned to show Capitol Police closed-circuit surveillance video at that proceeding. . .Chansley pleaded guilty in September 2021 to obstruction of an official proceeding.
The new motion was prompted by video footage that House Speaker Kevin McCarthy shared exclusively with Tucker Carlson, then of Fox News, earlier this year. Some of the video Carlson aired last month showed police appearing to open a door for Chansley and to direct him through various hallways in the Capitol.
Prosecutors claimed in correspondence with Shipley that almost all the videos aired during Carlson’s program last month were made available to his then-attorney and others on a data-sharing platform in October 2021. However, Shipley asserts that prosecutors in another case said the videos were uploaded the prior month “and it is quite likely that both [claims] are false.”
In addition to claiming Chansley’s lawyer didn’t explore the video issue sufficiently, the motion argues that prosecutors violated Chansley’s rights by failing to isolate and highlight the videos Shipley contends are exculpatory. Prosecutors have argued that they fulfilled their obligations by turning over a massive trove of video evidence to all defendants and by alerting defendants to relevant videos that prosecutors were aware of.
The motion is likely to have little direct effect on the most significant element of Chansley’s sentence — his time spent behind bars — because he was released last month from a federal prison in Arizona and sent to a halfway house. A federal prisoner database shows he’s scheduled for release from custody in May. He served only about 27 months of his 41-month sentence due to various policies crediting prisoners with so-called “good time” and allowing for transition programs like halfway houses.
Shipley declined to comment on what concrete benefit the motion can achieve for Chansley at this juncture, but it’s possible the move could lead to his conviction being overrturned. The motion also suggests that the video footage undermines prosecutors’ claims that Chansley intended violence when he entered the Capitol. U.S. District Court Judge Royce Lamberth, who sentenced Chansley and will handle the new motion, applied an enhancement for use of violence that more or less doubled the recommended sentence for Chansley. . .
A spokesperson for the U.S. Attorney’s Office in Washington did not respond to a message Thursday night seeking comment on the filing."
READ MORE
RELATED CONTENT ON THIS BLOG
06 September 2021
NOW IN DETENTION: He Answered A Casting-Call...Can Pop Psychologists Figure This One Out?
US Capitol rioter photographed wearing horns pleads guilty
Jacob Chansley, of Phoenix, Arizona, pleaded guilty to obstructing an official proceeding when he took part in insurrection
". . .Chansley had been a supporter of the QAnon conspiracy theory that casts Trump as a savior figure and elite Democrats as a cabal of satanist pedophiles and cannibals.
After he turned himself in following the insurrection, he explained to the FBI that he was part of the mob who broke into the House chamber as a “patriot”, at the request of the president.
He told investigators: “This is not America. They’re shooting at us. They’re supposed to shoot BLM [Black Lives Matter supporters], but they’re shooting the patriots. . ."
=========================================================================
Earlier post on this blog: 08 March 2021
- Lamberth cited Chansley's "detachment from reality," writing in his ruling that Chansley repeatedly claimed his actions were harmless and downplayed the six-foot spear he brought inside the Capitol — "undoubtedly, a dangerous weapon," Lamberth said.
- "Defendant characterizes himself as a peaceful person who was welcomed into the Capitol building on January 6th by police officers. The Court finds none of his many attempts to manipulate the evidence and minimize the seriousness of his actions persuasive," Lamberth said.
- "The statements defendant has made to the public from jail show that defendant does not fully appreciate the severity of the allegations against him," Lamberth added, referring to Chansley's recent jailhouse interview with "60 Minutes Plus."
- "To the contrary, he believes that he — not the American people or members of Congress — was the victim on January 6th."
Chansley does not face charges of attacking anyone, but the DOJ maintains that his behavior during the insurrection makes him too dangerous to release.
- The prominent QAnon conspiracy theorist has pleaded not guilty to a six-count indictment.
- Chansley claimed that he merely "heeded the invitation" of President Trump and would not have entered the Capitol building if not for Trump's "actions and words," Lamberth's ruling states.
‘I Want To Separate Him Out From That Herd Of Thugs’ -- 
https://talkingpointsmemo.com/news/capitol-rioters-trump-defense-comes-up-again-and-again-will-it-make-a-difference
"For Capitol defendants’ attorneys, finding mitigating factors will be key in softening potential prison sentences.
Watkins, the “Q Shaman” Jacob Chansley’s attorney, said his client had Asperger’s syndrome and indicated that Chansley’s mental state — and the impact of Trump’s “propaganda” efforts — would play a role in his case.
“A lot of these defendants — and I’m going to use this colloquial term, perhaps disrespectfully — but they’re all fucking short-bus people,” Watkins told TPM. “These are people with brain damage, they’re fucking retarded, they’re on the goddamn spectrum.”
Attorney for ‘QAnon Shaman’ questions mental abilities of his client, others in Jan. 6 riot
07 January 2022
Q'ANON SHAMAN Jacob Chansley: Made In Arizona / Invited by Trump
Yep Arizona's got talent ...
'QAnon Shaman' Makes Bonkers New Claim About What He Was Really Doing On Jan. 6
08 March 2021
Made In Arizona and Too Dangerous To Release From Jail
- Lamberth cited Chansley's "detachment from reality," writing in his ruling that Chansley repeatedly claimed his actions were harmless and downplayed the six-foot spear he brought inside the Capitol — "undoubtedly, a dangerous weapon," Lamberth said.
- "Defendant characterizes himself as a peaceful person who was welcomed into the Capitol building on January 6th by police officers. The Court finds none of his many attempts to manipulate the evidence and minimize the seriousness of his actions persuasive," Lamberth said.
- "The statements defendant has made to the public from jail show that defendant does not fully appreciate the severity of the allegations against him," Lamberth added, referring to Chansley's recent jailhouse interview with "60 Minutes Plus."
- "To the contrary, he believes that he — not the American people or members of Congress — was the victim on January 6th."
Chansley does not face charges of attacking anyone, but the DOJ maintains that his behavior during the insurrection makes him too dangerous to release.
- The prominent QAnon conspiracy theorist has pleaded not guilty to a six-count indictment.
- Chansley claimed that he merely "heeded the invitation" of President Trump and would not have entered the Capitol building if not for Trump's "actions and words," Lamberth's ruling states.
- Chansley also made news in February for demanding organic food in the Washington jail where he's housed.
NOW IN DETENTION: He Answered A Casting-Call...Can Pop Psychologists Figure This One Out?
US Capitol rioter photographed wearing horns pleads guilty
Jacob Chansley, of Phoenix, Arizona, pleaded guilty to obstructing an official proceeding when he took part in insurrection
". . .Chansley had been a supporter of the QAnon conspiracy theory that casts Trump as a savior figure and elite Democrats as a cabal of satanist pedophiles and cannibals.
After he turned himself in following the insurrection, he explained to the FBI that he was part of the mob who broke into the House chamber as a “patriot”, at the request of the president.
He told investigators: “This is not America. They’re shooting at us. They’re supposed to shoot BLM [Black Lives Matter supporters], but they’re shooting the patriots. . ."
=========================================================================
Earlier post on this blog: 08 March 2021
- Lamberth cited Chansley's "detachment from reality," writing in his ruling that Chansley repeatedly claimed his actions were harmless and downplayed the six-foot spear he brought inside the Capitol — "undoubtedly, a dangerous weapon," Lamberth said.
- "Defendant characterizes himself as a peaceful person who was welcomed into the Capitol building on January 6th by police officers. The Court finds none of his many attempts to manipulate the evidence and minimize the seriousness of his actions persuasive," Lamberth said.
- "The statements defendant has made to the public from jail show that defendant does not fully appreciate the severity of the allegations against him," Lamberth added, referring to Chansley's recent jailhouse interview with "60 Minutes Plus."
- "To the contrary, he believes that he — not the American people or members of Congress — was the victim on January 6th."
Chansley does not face charges of attacking anyone, but the DOJ maintains that his behavior during the insurrection makes him too dangerous to release.
- The prominent QAnon conspiracy theorist has pleaded not guilty to a six-count indictment.
- Chansley claimed that he merely "heeded the invitation" of President Trump and would not have entered the Capitol building if not for Trump's "actions and words," Lamberth's ruling states.
‘I Want To Separate Him Out From That Herd Of Thugs’ --
https://talkingpointsmemo.com/news/capitol-rioters-trump-defense-comes-up-again-and-again-will-it-make-a-difference
"For Capitol defendants’ attorneys, finding mitigating factors will be key in softening potential prison sentences.
Watkins, the “Q Shaman” Jacob Chansley’s attorney, said his client had Asperger’s syndrome and indicated that Chansley’s mental state — and the impact of Trump’s “propaganda” efforts — would play a role in his case.
“A lot of these defendants — and I’m going to use this colloquial term, perhaps disrespectfully — but they’re all fucking short-bus people,” Watkins told TPM. “These are people with brain damage, they’re fucking retarded, they’re on the goddamn spectrum.”
Attorney for ‘QAnon Shaman’ questions mental abilities of his client, others in Jan. 6 riot
No comments:
Post a Comment