Left: President-elect Donald Trump speaks as he arrives for a meeting with the House GOP conference, Wednesday, Nov. 13, 2024, in Washington. (AP Photo/Alex Brandon). Right: U.S. District Judge Carl Nichols (U.S. District Court District of Columbia).
A federal judge on Tuesday said it would be a bad idea for the incoming president to issue “blanket pardons” for those who rioted, fought with cops, trespassed and damaged property during the Jan. 6 siege on the U.S. Capitol.
U.S. District Judge Carl Nichols was hearing arguments about delaying the trial of defendant Edward Jacob Lang, who proudly posted his involvement in the riot on his social media accounts, according to federal prosecutors. Since the election, a tidal wave of requests has come from Jan. 6 defendants to delay their cases until after the inauguration. President-elect Trump has been outspoken about his desire to pardon Jan. 6 rioters, though he has not been clear as to who would receive them.
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Nichols reportedly suggested Trump should refrain from pardoning everyone involved in the siege.
“It would be beyond frustrating and disappointing if there were blanket pardons for Jan. 6 defendants or anything close,” he said, according to reporter Jordan Fischer with Washington D.C. CBS affiliate WUSA.
He also questioned Assistant U.S. Attorney Karen Rochlin about whether having the trial before Jan. 20 would be a moot point.
“It is theoretically possible that a government official will make a decision, that I will have to obey, to dismiss the case before sentencing,” Rochlin reportedly said. “It is equally possible, perhaps more probable, that they will not.”
In a motion asking Nichols not to delay trial, Rochlin argued that Lang’s “assertion that he is a candidate for a presidential pardon is purely speculative.” Lang in his motion said Trump’s inauguration signaled a “seismic shift in federal policy regarding January 6 defendants” and went on to rail the justice system.
“The American people have lost confidence in the impartiality of the judicial system as it pertains to January 6 prosecutions. These cases have been plagued by accusations of selective enforcement, political bias, and prejudiced jury pools,” the motion said. “To restore faith in the judiciary, this Court must take a stand against the Department of Justice’s ongoing politicized ‘witch hunt’ and demonstrate that fairness and justice remain paramount in these proceedings.”
Ultimately Nichols agreed to continue the trial but did so reluctantly, per WUSA.
Nichols, who Trump appointed to the D.C. district in 2019, gained notoriety when he threw out a Jan. 6 defendant’s Enron-era obstruction charge, impacting hundreds of cases, including Lane’s. His decision was ultimately upheld by the U.S. Supreme Court.
As Law&Crime previously reported, authorities cited Lang’s social media posts in his arrest affidavit.
“Pepper spray really does wonders for your complexion #1776,” he wrote in a caption cited by authorities.
“I was the leader of Liberty today,” he wrote in another post cited by officials. “Arrest me. You are on the wrong side of history.”
Video also showed him picking up a D.C. Metro police riot helmet from the ground, and wearing it, authorities said.
Footage included an individual — apparently Lang — filming himself wearing a green gas mask while in front of law enforcement personnel. Another video that someone posted to Facebook showed Lang swinging a baseball bat at officers multiple times, according to the FBI.
“In doing so, LANG struck at least the shields the officers held in front of them. As the video progresses, others in the crowd assist in the attack, with some throwing items and one individual spraying the officers with a fire extinguisher,” the affidavit stated.
Investigators said that in another video streamed to Instagram, Lang spoke with an unidentified woman, the woman asked him what he thought would happen next.
“Guns … That’s it,” Lang said in the affidavit. “One word. The First Amendment didn’t work, we pull out the Second. We’re all civilized people and we love going to work and praying to God on Sundays and having nice family barbeques … and that was every single person there. No one wants to take this and and die for our rights, but dying for our rights is the only option that any person with a logical brain sees right now. This is it.”
FBI agents arrested Lang about 10 days after the riot.
Alberto Luperon contributed to this report.
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