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The QAnon Shaman's plan to get his guilty plea reversed is 'silly' — and might land him back in prison, ex-prosecutor says

Jul 19, 2023, 03:30 IST
Business Insider
Jacob Chansley.Brent Stirton/Getty Images
  • The QAnon Shaman, who pleaded guilty to his January 6 involvement, wants his plea reversed.
  • A legal expert told Insider that Jacob Chansley could wind up getting himself back behind bars.
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The infamous Capitol riot defendant known as the "QAnon Shaman" has said he regrets his guilty plea and wants to take his case back to court to try to get it reversed.

But Jacob Chansley's plan is totally "silly" — and it might even land him back behind bars on the off chance that a judge would allow him to take back his plea, according to a legal expert.

"It's like you start all over again," defense attorney and former Brooklyn, New York, prosecutor Arthur Aidala told Insider on Tuesday, adding, "You're basically asking them, 'send me back to jail.'"

Aidala — who has been the defense lawyer for high-profile clients including Ghislaine Maxwell and Harvey Weinstein — said that it is extremely rare and difficult to get a plea withdrawn in federal court due to the extensive measures taken when the plea is initially entered.

"It's not like you walk in and the judge is like, 'Do you plead guilty or not guilty, ok bye,'" said Aidala, adding that dozens of questions are asked of a defendant at the time a plea is entered "to make sure you know what you are doing."

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But on the long shot the court would allow Chansley to reverse his plea, he'd "have no choice but to go to trial," possibly be convicted again, and the judge can sentence him back to prison, according to Aidala.

The defense attorney said that "not in a million years" would he recommend a client of his pursue a legal strategy like this one.

"He's gotten this behind him," Aidala said of Chansley, who was sentenced to 41 months in prison after pleading guilty to one count of obstruction of an official proceeding for his involvement with the January 6, 2021, attack on the US Capitol.

Chansley, who apologized for his actions at the time of his guilty plea, was released from prison early after serving about 27 months, but now he says he's full of regrets.

"Regrets only weigh down the mind," Chansley told the BBC in a report published this week. "They're like sandbags on a hot air balloon."

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Chansley told the news outlet that statements his former lawyer made in an attempt to get him a lesser sentence were not true.

"I never said I was duped by [former President Donald] Trump," Chansley told the BBC. "I never denounced Q or the QAnon community… and I am not schizophrenic, bipolar, depressed or delusional."

The attorney who handled Chansley's plea deal, Albert Watkins, told Insider on Tuesday that he's "punctilious in my commitment to integrity in all matters relating to serving as an advocate for my clients."

Watkins said that Chansley "indeed made it clear he was 'disappointed' President Trump did not pardon him" and added that his disappointment "was elevated" when Trump pardoned rapper Lil Wayne but none of the January 6 defendants.

Additionally, Watkins said that Chansley had one year from his sentencing date "to file a motion alleging ineffective assistance of counsel," yet no motion was ever filed.

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"I remain very fond of Mr. Chansley," said Watkins. "His peaceful nature, intelligence, and spiritual awareness will hopefully serve him well as he navigates a world filled with challenges."

Meanwhile, Aidala told Insider that Chansley should be "grateful that he is no longer incarcerated and that he has his freedom."

"If he wants to make a statement," Aidala said, "He should write a book or go on a radio show."

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