Harshest Capitol Riot Sentence Yet Recommended for 'Flagbearer' QAnon Shaman

Prosecutors are seeking the longest prison sentence yet in any Capitol riot case for the so-called QAnon Shaman.

The Justice Department is recommending Arizona native Jacob Chansley serve 51 months—more than four years—in prison for his role in the January 6 insurrection. Following his prison sentence, prosecutors also recommend three years of supervised release and $2,000 in restitution.

"Defendant Chansley's now-famous criminal acts have made him the public face of the Capitol riot," prosecutors wrote in their 28-page sentencing memo.

Chansley became a symbol of the Capitol attack after he was photographed in and outside of the Capitol shirtless, wearing a headdress with horns and carrying a flagpole topped with a spear.

Prosecutors have said that Chansley was among the first 30 rioters to enter the U.S. Capitol building that day.

Chansley, who subscribed to the QAnon conspiracy theory, entered into the Senate chamber and left a note on the dais where then-Vice President Mike Pence was presiding just minutes earlier. Authorities said the note read, "it's only a matter of time, justice is coming."

"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," prosecutors wrote in their sentencing memo. "And this defendant was, quite literally, their flagbearer."

Chansley was arrested on January 9 and charged with knowingly entering or remaining in any restricted building or grounds without lawful authority, and with violent entry and disorderly conduct on Capitol grounds. He was later charged with three additional counts.

In September he pleaded guilty to a single felony count of obstructing a proceeding of Congress. The other five charges were dropped as part of the plea agreement.

Reuters first reported in July that Chansley had begun plea negotiations after prison psychologists diagnosed him with transient schizophrenia, bipolar disorder, depression and anxiety.

The Washington Post reported that Chansley's attorney Albert Watkins has asked for a sentence below the federal guidelines of 41 to 51 months, citing his client's mental health issues and cooperation with authorities.

"He seeks not to be seen as a political prisoner," Watkins wrote in a memo. "He seeks not to blame a former president for his actions. He seeks not to justify his actions with any explanation. He seeks solely to be held accountable."

The only other Capitol riot defendant serving a prison sentence is Paul Hodgskins. Prosecutors recommended 18 months in prison for Hodgkins, who pleaded guilty to obstruction of an official proceeding for interrupting the congressional certification of the electoral college. He was sentenced to eight months in jail.

Last month, a federal judge imposed the largest fine yet in any Capitol riot case. U.S. District Judge Reggie Walton ordered husband and wife Thomas Vinson and Lori Vinson to pay $5,000 each.

"I know that's a lot, but I want the sentence to hurt," Walton said.

The couple didn't face any jail time, but was sentenced to five years of probation, $500 in restitution and 120 hours of community service.