The Justice Department is appealing a decision by District of Columbia District Court Judge Carl Nichols that dismissed one of the most serious charges against Narrowsburg native Edward Jacob Lang for his participation in the January 6 riots at the Capitol.
The notice of appeal was filed on June 22 by Elizabeth Danello, the deputy chief of the Appellate Division for U.S. Attorney's Office for the District of Columbia, according to court papers reviewed by The SullivanTimes.
Danello is asking the U.S. Court of Appeals to review a recent order by Nichols to drop the ninth count of the 13-count superseding indictment, which charged Lang with obstruction of an official proceeding. A conviction on that charge alone would have Lang facing up to 20 years in prison, according to a report by Law & Crime Network.
Nichols was nominated to serve on the court by former President Donald Trump four years ago and was confirmed by the Senate in 2019.
Meanwhile, Lang's attorneys have just filed a request with the court to amend the judge's scheduling order, citing the possibility that the defendant wants to "reserve his right to make demands for materials and transcripts of the House Committee proceedings that recently resumed."
That request was made before the bombshell testimony provided on Tuesday by former White House aide Cassidy Hutchinson, in which she alleged that Trump was made aware in advance that those arriving at the Capitol on January 6 had weapons, including firearms. She also testified that the President wanted magnetometers removed from the Capitol grounds so that more of his supporters could march to the Capitol to stop the official certification of electoral votes in a joint session of Congress that day.
Lang, the son of former Town of Tusten council member and businessman Ned Lang, was transferred earlier this year from the Washington, D.C. jail to a federal prison in Alexandria, VA.
Until recently, Lang was giving select jailhouse audio interviews to select media outlets that continue to back Trump and/or that continue to spread a conspiracy theory that the 2020 Presidential election was stolen by Democrats.



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