Whether you’re a staunch conservative or a diehard liberal, you should be appalled at the circumstances surrounding the “Q Anon shaman” in the aftermath of the Jan. 6 siege on Capitol Hill. The shaman, Jacob Chansley, has been denied bail and is still detained after nearly six months. “It’s not just unconstitutional,” says David Freiheit, “it’s cruel and unusual punishment.”
Chansley, who was wearing a horned headdress and carrying what appeared to be a spear draped by the American flag, was arrested for breaching the Capitol building on Jan. 6 and remains jailed on six federal charges. Judge Royce Lamberth denied Chansley’s bail request, citing him as a flight risk. Surprisingly, Lamberth was appointed to the bench by President Reagan.
Not only is Chansley’s detainment unusually cruel, it violates his 8th Amendment rights, which reads: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.” After reading Lamberth’s order, Freiheit says, “There can be no bail more excessive than no bail. And when you read the justification that the judge is offering to deny bail to Chansley, you’re going to realize that it has nothing to do with justice, it is purely punitive.” Here are the details with Viva Frei’s Freitheit.