Jacob Edward Lang, widely known for his heroic efforts to save lives during the violence at the U.S. Capitol tunnel on January 6th, was arrested in 2021 and has been detained in the DC Gulag without a trial for three years.
In April of this year, a split ruling by the DC Court of Appeals reinstated the 1512 felony obstruction charge against Lang and two other defendants: Garret Miller, who pleaded guilty to 11 other criminal charges and was sentenced in February; and Joseph Fischer, who is also awaiting trial.
This prompted Lang to petition the United States Supreme Court requesting that said charge be dismissed.
His petition is still pending as of today.
The filing begins with a question:
“Whether the Court of Appeals erred in concluding that application of 18 U.S.C. Section 1512(c)(2), a statute crafted to prevent tampering with evidence in “official proceedings,” can be used to prosecute acts of violence against police officers in the context of a public demonstration that turned into a riot, resulting in so “breathtaking” an application of the statute as to run afoul of Van Buren v. United States, 141 S. Ct. 1648 (2021).”
The 1512 Felony Obstruction charge was repurposed by the Department of Justice (DOJ) to specifically target defendants charged in relation to the January 6th incident at the U.S. Capitol.
Attorney Norm Pattis, along with Steven Metcalf, filed a petition on behalf of Lang seeking clarification on this matter and its potential impact on hundreds of non-violent protesters who are currently facing long prison sentences and permanent loss of their Second Amendment rights.
This ruling is also expected to have an effect on the charges brought against former President Donald Trump.
It is clear that the current application of this statute is an example of government misuse of law for the purpose of suppressing dissenters.
As such, it should be noted that many individuals were charged with 1512 merely for walking through an open door into the Capitol building or leaving shortly after they entered.
“We are asking the court to step up and rein in an out-of-control Justice Department,” says Pattis.
Now, The Supreme Court is expected to consider whether to hear appeals brought by three defendants charged with offenses relating to the Jan. 6, 2021 attack on the U.S. Capitol at their next private meeting, possibly as soon as next Friday.
The appeals were filed by Joseph Fischer, Edward Lang and Garret Miller in an attempt to dismiss a charge accusing them of obstructing an official proceeding – namely the certification of President Joe Biden’s election victory – which was disrupted by a mob of Trump supporters.
This could have major implications for former President Donald Trump, who has been charged with the same offense plus others in his federal election interference case.
If the court takes up or rejects these appeals it could potentially affect his own case as well.