Jake Lang, a defendant in the January 6th Capitol riot case, has decided to appeal his case to the Supreme Court after a divisive ruling in the DC Court of Appeals. The split ruling, which came in April, went against U.S. District Judge Carl Nichols’ decision to dismiss the felony obstruction charge against Lang and two other defendants.
The felony obstruction charge was reinstated for Lang, Garret Miller, and A.J. Fischer. Lang, who is facing multiple felony charges, recently filed a petition to the Supreme Court, seeking the dismissal of the 1512 felony obstruction charge.
The petition begins with a crucial question, questioning whether the Court of Appeals erred in applying 18 U.S.C. Section 1512(c)(2) to prosecute acts of violence against police officers in the context of a public demonstration that turned into a riot. Lang’s filing argues that the application of the statute in his case goes against the Supreme Court’s ruling in Van Buren v. United States.
The 1512 Felony Obstruction charge was repurposed specifically for defendants involved in the January 6th Capitol riot. While Lang’s petition focuses on his case’s unique circumstances involving violence, a ruling by the Supreme Court could have a significant impact on numerous non-violent defendants in the January 6th cases. Many of these individuals are facing the prospect of lengthy prison sentences and the permanent loss of their Second Amendment rights.
Attorney Norm Pattis, who filed the petition on behalf of Lang, argues that the current application of the 1512 statute is an example of government overreach and misuse of the law to suppress dissent. Pattis hopes that the Supreme Court will intervene and rein in an out-of-control Justice Department.
The outcome of Lang’s petition could set a precedent and affect the legal proceedings of other January 6th defendants. The ripple effects of such a ruling would be significant, potentially leading to reconsideration of charges and sentences for many individuals involved in the Capitol riot.
The controversy surrounding the January 6th Capitol riot continues to spark debate and raise questions about the appropriate use of laws and the balance between preserving public order and safeguarding individuals’ rights. As Lang takes his case to the highest court in the land, the outcome of his petition will be closely watched by activists, legal experts, and those involved in the January 6th cases.