USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 1 of 515
`ORAL ARGUMENT NOT YET SCHEDULED
`
`Nos. 22-3038, 22-3039 & 22-3041
`
`
`
`In the United States Court of Appeals for the
`District of Columbia Circuit
`______________
`
`UNITED STATES OF AMERICA,
`Plaintiff-Appellant
`
`v.
`
`JOSEPH FISCHER, EDWARD LANG, AND GARRET MILLER,
`Defendants-Appellees
`
`______________
`
`ON APPEAL FROM THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLUMBIA
`D. CT. NOS. 1:21-CR-53, 1:21-CR-119, 1:21-CR-234 (NICHOLS, J.)
`______________
`
`APPELLANT’S APPENDIX
`______________
`
`KENNETH A. POLITE
`Assistant Attorney General
`
`LISA H. MILLER
`Deputy Assistant Attorney
`General
`
`MATTHEW M. GRAVES
` United States Attorney
` District of Columbia
`
`JOHN CRABB JR.
` Chief, Capitol Siege Section
` District of Columbia
`
`
`
`JAMES I. PEARCE
`Appellate Counsel, Capitol
`Siege Section
`Criminal Division
`U.S. Department of Justice
`950 Pennsylvania Ave., N.W.
`Washington, DC 20530
`(202) 532-4991
`James.Pearce@usdoj.gov
`
`
`
`
`
` 
`
` 
`
`

`

`USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 2 of 515
`
`TABLE OF CONTENTS
`
`1:21-cr-53 (Lang)
`Docket ....................................................................................................... 1
`9/7/21
`Government’s Opposition to Defendant’s Motion for
`Release (ECF 31) ................................................................... 14
`9/15/21 Superseding Indictment (ECF 36) ........................................ 51
`6/22/22 Notice of Appeal (ECF 65) ..................................................... 58
`
`1:21-cr-119 (Miller)
`Docket ..................................................................................................... 59
`1/19/21 Amended Criminal Complaint (ECF 5) ................................ 73
`11/10/21 Second Superseding Indictment (ECF 61) ........................... 84
`3/7/22 Memorandum Opinion (ECF 72) ......................................... 90
`4/1/22
`Government’s Motion for Reconsideration of the
`Court’s Ruling Dismissing Count Three of the
`Indictment (ECF 75) ........................................................... 119
`4/28/22 Defendant’s Opposition to Government’s Motion for
`Reconsideration (ECF 80) ................................................... 371
`5/27/22 Memorandum Opinion (ECF 86) ........................................ 397
`6/22/22 Notice of Appeal (ECF 88) ................................................... 409
`
`1:21-cr-234 (Fischer)
`Docket ................................................................................................... 410
`
`i
`
`

`

`USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 3 of 515
`
`2/17/21 Criminal Complaint (ECF 1) .............................................. 422
`11/5/21 Government’s Opposition to Defendant’s Motion to
`Clarify and Modify Conditions of Release (ECF 49) .......... 433
`11/10/21 Superseding Indictment (ECF 52) ...................................... 443
`2/4/22
`Government’s Opposition to Defendant’s Motion to
`Dismiss Counts One, Three, Four, and Five of the
`Superseding Indictment (ECF 57) ...................................... 447
`3/15/22 Memorandum Opinion (ECF 64) ........................................ 502
`6/22/22 Notice of Appeal (ECF 84) ................................................... 512
`
`
`
`ii
`
`

`

`USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 4 of 515
`
`1 :21 cr53, USA v. LANG
`
`US District Court Criminal Docket
`
`United States District Court, District of Columbia
`
`(Washington, DC)
`
`This case was retrieved on 08/02/2022
`
`Header
`
`Date Filed: 01 /29/2021
`Other Docket: Magistratejudgecasenumber: 1 :21 mj00061
`
`Class Code: Open
`Closed:
`
`Participants
`
`Defendant
`Name
`EDWARD JACOB LANG
`Appeals court case numbers: 21-3066, 22-3039
`
`Attorneys
`Steven Alan Metcalf , II
`LEAD ATTORNEY;ATTORNEY TO BE NOTICED
`METCALF & METCALF, P.C.
`99 Park Avenue 6th Floor
`New York, NY 10016
`USA
`fedcases@metcalflawnyc.com
`646-253-0514
`Fax: 646-219-2012
`Designation: Retained
`
`Martin Harold Tankleff
`06/10/2022
`BARKET EPSTEIN KEARON ALDEA & LOTURCO, LLP
`666 Old Country Road Suite 700
`Garden City, NY 11530
`USA
`mtankleff@barketepstein.com
`516-7 45-1500 Fax: 646-619-4807 Designation: Retained
`
`_C_h_a_r_g_e_s ______________ D_is....._p_o_s_it_io_n ___________ _
`Complaints: COMPLAINT in VIOLATION of 18 U.S.C.
`111(b), 18 U.S.C. 231(a)(3), 18 U.S.C. 1752(a), and 40
`U.S.C. 5104(e)(2)
`Pending: 18 U.S.C. 231(a)(3); CIVIL DISORDER; Civil
`Disorder(1)
`18: 111 (a)(1) and 2; ASSAULTING/RESISTING/IMPEDING
`OFFICERS/EMPLOYEES; Assaulting, Resisting, or Impeding
`Certain Officers and Aiding and Abetting(1s-2s)
`18 U.S.C. 111 (a)(1 ); ASSAU LTING/RESISTING/IMPEDING
`OFFICERS/EMPLOYEES; Assaulting, Resisting, or Impeding
`
`App.1
`
`

`

`USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 5 of 515
`1:2 1cr53, USA v. LANG
`
`Certain Officers(2)
`18 U.S.C. 231 (a)(3); CIVIL DISORDER; Civil Disorder(3)
`
`18: 111 (a)( 1 ); ASSAU LTING/RESISTING/IMPEDING
`OFFICERS/EMPLOYEES; Assaulting, Resisting, or Impeding
`Certain Officers(3s-4s)
`18 U.S.C. 111(a)(1 ) and (b);
`ASSAULTING/RESISTING/IMPEDING
`OFFICERS/EMPLOYEES; Assaulting, Resisting, or Impeding
`Certain Officers Using a Dangerous Weapon(4)
`18 U.S.C. 231 (a)(3); CIV IL DISORDER; Civil Disorder(5)
`
`18: 111 (a)(1) and (b); ASSAULTING/RESISTING/IMPEDING
`OFFICERS/EMPLOYEES; Assaulting, Resisting, or Impeding
`Certain Officers Using a Dangerous Weapon(5s-6s)
`18 U.S.C. 111 (a)(1 ) and (b);
`ASSAULTING/RESISTING/IMPEDING
`OFFICERS/EMPLOYEES; Assaulting, Resisting, or Impeding
`Certain Officers Using a Dangerous Weapon(6)
`18 U.S.C. 1512(c)(2) and 2; TAMPERING WITH A
`WITNESS, VICTI M OR INFORMANT; Obstruction of an
`Official Proceeding and Aiding and Abetting(?)
`18:111 (a)( 1) and (b); ASSAULTING/RESISTING/IMPEDING
`OFFICERS/EMPLOYEES; Assaulting, Resisting, or Impeding
`Certain Officers Using a Dangerous Weapon, Inflicting Bodily
`lnjury(7s)
`18 U.S.C. 1752(a)(2) and (b)( 1 )(A); TEMPORARY
`RESIDENCE OF THE PRESIDENT; Disorderly and
`Disruptive Conduct in a Restricted Building or Grounds with a
`Deadly or Dangerous Weapon(8)
`18:231(a)(3); CIVIL DISORDER; Civil Disorder(8s)
`
`18 U.S.C. 1752(a)(4) and (b)( 1)(A); TEMPORARY
`RESIDENCE OF THE PRESIDENT; Engaging in Physical
`Violence in a Restricted Building or Grounds, with a Deadly
`or Dangerous Weapon(9)
`40 U.S.C. 5104(e)(2)(D); FEDERAL STATUTES, OTHER;
`Disorderly Conduct in a Capitol Building(10)
`18:1752(a)(2) and (b)(1)(A); TEMPORARY RESI DENCE OF
`THE PRESIDENT; Disorderly and Disruptive Conduct in a
`Restricted Building or Grounds, with a Deadly or Dangerous
`Weapon( 1 Os)
`40 U.S.C. 5104(e)(2)(F); FEDERAL STATUTES, OTHER;
`Act of Physical Violence in a Capitol Building(1 1)
`18:1 752(a)(4) and (b)(1)(A); TEMPORARY RESIDENCE OF
`THE PRESIDENT; Engaging in Physical Violence in a
`Restricted Building or Grounds with a Deadly or Dangerous
`Weapon( 11 s)
`40:5104(e)(2)(D); VIOLENT ENTRY AND DISORDERLY
`CONDUCT ON CAPITOL GROUNDS; Disorderly Conduct in
`a Capitol Building(12s)
`40:5104(e)(2)(F); VIOLENT ENTRY AND DISORDERLY
`CONDUCT ON CAPITOL GROUNDS; Act of Physical
`Violence in the Capitol Grounds or Buildings(1 3s)
`Offense Level (Opening): Felony
`
`Terminated: 18:1512(c)(2) and 2; TAMPERING W ITH A
`WITNESS, VICTIM OR INFORMANT; Obstruction of an
`Official Proceeding and Aiding and Abetting(9s)
`Offense Level (Terminated): Felony
`
`Case Assigned To: Judge Carl J. Nichols
`
`Dismissed on Granted Motion by the Defendant.
`
`App.2
`
`

`

`USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 6 of 515
`1:21cr53, USA v. LANG
`
`U.S. Attorneys
`
`Elizabeth Harper Danella
`
`LEAD ATTORNEY;ATTORNEY TO BE NOTICED
`
`U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA
`
`Appellate Division 555 4th Street, NW
`
`Washington, DC 20530
`
`USA
`
`elizabeth.danello@usdoj.gov
`
`(202) 252-6768
`Designation: Assistant U.S. Attorney
`
`Melissa Joy Jackson
`
`LEAD ATTORNEY;ATTORNEY TO BE NOTICED
`
`U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA
`
`555 4th Street, NW
`
`Washington, DC 20530
`
`USA
`
`melissa.jackson@usdoj.gov
`
`202-252-7786
`Designation: Assistant U.S. Attorney
`
`James Pearce
`
`ATTORNEY TO BE NOTICED
`
`U.S. DEPARTMENT OF JUSTICE CRIMINAL DIVISION APPELLATE SECTION
`
`Department of Justice, Criminal Division 950 Pennsylvania Ave NW Suite 1250
`
`Washington, DC 20530
`
`USA
`
`james. pearce@usdoj.gov
`
`(202) 532-4991
`Fax: (202) 305-2121
`Designation: Assistant U.S. Attorney
`
`Karen E. Rochlin
`
`ATTORNEY TO BE NOTICED
`
`DOJ-USAO
`
`99 Northeast 4th Street
`
`Miami, FL 33132
`
`USA
`
`karen.rochlin@usdoj.gov
`
`App.3
`
`

`

`USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 7 of 515
`1:21cr53, USA v. LANG
`
`305-961-9234
`Desig nation : Assista nt U. S. Attorney
`
`Proceedings
`
`#
`1
`
`3
`
`4
`
`Date
`01 /15/2021
`
`01 /15/2021
`
`01 /15/2021
`
`01 /16/2021
`
`01 /16/2021
`
`27
`
`01 /22/2021
`
`5
`
`7
`
`01 /29/2021
`
`02/04/2021
`
`02/04/2021
`
`8
`
`02/08/2021
`
`02/09/2021
`
`02/09/2021
`
`02/09/2021
`
`02/09/2021
`
`Source
`
`Proceeding Text
`SEALED COMPLAINT as to EDWARD JACOB LANG (1 ).
`(Attachments: # 1 Affidavit in Support) (zltp) (1 :21-mj-00061 -GMH]
`(Entered: 01/ 15/2021)
`MOTION to Seal Case by USA as to EDWARD JACOB LANG.
`(Attachments:# 1 Text of Proposed Order)(zltp) (1 :21 -mj-00061-
`GMH] (Entered: 01 /15/2021 )
`ORDER granting 3 Motion to Seal Case as to EDWARD JACOB
`LANG (1 ). Signed by Magistrate Judge G. Michael Harvey on
`1/15/2021. (zltp) [1:21-mj-00061 -GMH] (Entered: 01/15/2021)
`Case unsealed as to EDWARD JACOB LANG (bb) (1 :21 -mj-
`00061 -GMH] (Entered: 01 /21 /2021 )
`Arrest of EDWARD JACOB LANG in New York. (bb) (Entered:
`08/10/2021 )
`Rule 5(c)(3) Documents Received as to EDWARD JACOB LANG
`from US District Court Southern District of New York Case
`Number 21 -mj-626 (bb) (Entered: 08/10/2021)
`INDICTMENT as to EDWARD JACOB LANG (1) count(s) 1, 2, 3,
`4, 5, 6, 7, 8, 9, 10, 11. (zltp) (Entered: 02/02/2021 )
`Joint MOTION to Continue Initial Appearance and Detention
`Hearing by USA as to EDWARD JACOB LANG. (Jackson,
`Melissa) (Entered : 02/04/2021)
`MINUTE ORDER: Upon consideration of the parties 7 Joint
`Motion to Continue the Initial Appearance and Detention Hearing
`to February 9, 2021 , the Court finds good cause to GRANT this
`motion. The Initial Appearance and Detention Hearing will take
`place in this matter on February 9, 2021 at 1 :00 p.m. by
`videoconference before Judge Meriweather. Call-in instructions
`will be provided to counsel prior to the hearing . Signed by
`Magistrate Judge Robin M. Meriweather on 2/4/2021. (ztl)
`(Entered : 02/04/2021)
`MEMORANDUM in Support of Pretrial Detention by USA as to
`EDWARD JACOB LANG (Jackson, Melissa) (Entered:
`02/08/2021)
`ORAL MOTION to Appoint Counsel by EDWARD JACOB LANG.
`(ztl) (Entered: 03/04/2021)
`ORAL MOTION to Commit Defendant to Custody of Attorney
`General by USA as to EDWARD JACOB LANG . (ztl) (Entered:
`03/04/2021 )
`ORAL MOTION for Speedy Trial by USA as to EDWARD JACOB
`LANG. (ztl) (Entered: 03/04/2021)
`Minute Entry for proceedings held before Magistrate Judge Zia M.
`Faruqui: Initial Appearance/Arraignment held on 2/9/2021 as to
`Counts 1,2,3,4,5,6,7,8,9, 10, 11 . Plea of Not Guilty entered as to all
`counts. Oral Motion to Appoint Counsel by EDWARD JACOB
`LANG (1 ); heard and granted. Oral Motion by the Government to
`Commit Defendant to Custody of Attorney General as to
`EDWARD JACOB LANG (1 ); heard and granted. No objection
`from defense. Oral Motion by the Government for Speedy Trial as
`to EDWARD JACOB LANG (1 ); heard and granted. Speedy Trial
`Excluded from 2/9/2021 to 3/30/2021 in the Interest of Justice
`(XT). Status Hearing set for 3/30/2021 at 10:00 AM by
`TelephonicNTC before Judge Carl J. Nichols. Bond Status of
`
`App.4
`
`

`

`USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 8 of 515
`1:2 1cr53, USA v. LANG
`
`Source
`
`#
`
`Date
`
`10
`
`03/15/2021
`
`11
`
`03/29/2021
`
`12
`
`03/29/2021
`
`13
`
`03/29/2021
`
`14
`
`03/29/2021
`
`15
`
`03/29/2021
`
`03/30/2021
`
`16
`
`04/13/2021
`
`17
`
`04/27/2021
`
`18
`
`19
`
`04/29/2021
`
`04/29/2021
`
`04/29/2021
`
`20
`
`05/18/2021
`
`21
`
`06/09/2021
`
`Proceeding Text
`Defendant: Defendant Committed/Commitment Issued; Court
`Reporter: Sara Wick; Defense Attorney:Steven Metcalf and Marty
`Tankleff; US Attorney: Melissa Jackson; Pretrial Officer: John
`Copes. (ztl) (Entered: 03/04/2021)
`Unopposed MOTION for Protective Order by USA as to
`EDWARD JACOB LANG. (Attachments: # 1 Text of Proposed
`Order)(Jackson, Melissa) (Entered: 03/ 15/2021)
`NOTICE of Filing by USA as to EDWARD JACOB LANG
`(Attachments: # 1 Exhibit Discovery Letter to Defense Counsel
`dated March 26, 2021 )(Jackson, Melissa) (Entered : 03/29/2021)
`MOTION for Protective Order by USA as to EDWARD JACOB
`LANG. (Attachments: # 1 Text of Proposed Order)(Jackson,
`Melissa) (Entered: 03/29/2021)
`MOTION for Disclosure ORDER TO DISCLOSE ITEMS
`PROTECTED BY FEDERAL RULE OF CRIMINAL PROCEDU RE
`6(e) AND SEALED MATERIALS by USA as to EDWARD JACOB
`LANG. (Attachments:# 1 Text of Proposed Order)(Jackson,
`Melissa) Modified relief on 3/30/2021 (znmw). (Entered:
`03/29/2021 )
`MOTION to Continue AND TO EXCLUDE TIME UNDER TH E
`SPEEDY TRIAL ACT by USA as to EDWARD JACOB LANG.
`(Attachments: # 1 Text of Proposed Order)(Jackson, Melissa)
`(Entered: 03/29/2021)
`MOTION to Exclude Time by USA as to EDWARD JACOB LANG.
`(See docket entry 14 to view document). (zstd) (Entered:
`03/30/2021 )
`Minute Entry for proceedings held before Judge Carl J. Nichols:
`Telephone Status Conference as to EDWARD JACOB LANG held
`on 3/30/2021. Further Order to be issued by the Court. Status
`Conference set for 4/29/2021 at 03:00 PM in TelephonicN TC
`before Judge Carl J. Nichols. Bond Status of Defendant:
`Defendant remains Committed; Court Reporter: Lorraine Herman;
`Defense Attorney: Steven Metcalf and Marty Tankleff; US
`Attorney: Melissa Jackson. (zeal) (Entered: 03/30/2021)
`NOTICE OF ATTORNEY APPEA RANCE: Martin Harold Tankleff
`appearing for EDWARD JACOB LANG from Metcalf & Metcalf
`(Tankleff, Martin) (Entered: 04/13/2021 )
`NOTICE of Filing by USA as to EDWARD JACOB LANG
`(Attachments: # 1 Exhibit Discovery Letter to Defense Counsel
`dated April 27, 2021 )(Jackson, Melissa) (Entered: 04/27/2021)
`PROTECTIVE ORDER. Signed by Judge Carl J. Nichols on April
`29, 2021. (lccjn1) (Entered: 04/29/2021 )
`NOTICE of Filing by USA as to EDWARD JACOB LANG
`(Jackson, Melissa) (Entered : 04/29/2021)
`Minute Entry for proceedings held before Judge Carl J. Nichols:
`Telephone Status Conference as to EDWARD JACOB LANG held
`on 4/29/2021. Further Order to be issued by the Court. Speedy
`Trial as to EDWARD JACOB LANG is Excluded from 4/29/2021 to
`6/15/2021, in the Interest of Justice, XT. Status Conference set for
`6/15/2021 at 03:00 PM in TelephonicNTC before Judge Carl J.
`Nichols. Bond Status of Defendant: Defendant remains
`Committed; Court Reporter: Lorraine Herman; Defense Attorney:
`Martin Tankleff and Steven Metcalf; US Attorney: Melissa
`Jackson. (zeal) (Entered: 04/30/2021)
`NOTICE of Filing by USA as to EDWARD JACOB LANG
`(Attachments: # 1 Exhibit Discovery Letter to Defense Counsel
`dated May 18, 2021 )(Jackson, Melissa) (Entered : 05/ 18/2021 )
`ENTERED IN ERROR ..... MOTION for Leave to Appear Notice of
`
`App.5
`
`

`

`USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 9 of 515
`1:2 1cr53, USA v. LANG
`
`Source
`
`#
`
`Date
`
`22
`
`06/09/2021
`
`06/09/2021
`
`23
`
`06/14/2021
`
`06/15/2021
`
`06/15/2021
`
`06/16/2021
`
`24
`
`06/30/2021
`
`06/30/2021
`
`25
`
`07/01/2021
`
`26
`
`07/08/2021
`
`07/16/2021
`
`Proceeding Text
`Appearance of Steven Metcalf Attorney: Steven Metcalf. by
`EDWARD JACOB LANG. (Metcalf, Steven) Modified on 6/9/2021
`(zstd). (Entered: 06/09/2021)
`NOTICE OF ATTORNEY APPEA RANCE: Steven Alan Metcalf, II
`appearing for EDWARD JACOB LANG (Metcalf, Steven)
`(Entered: 06/09/2021)
`NOTICE OF CORRECTED DOCKET ENTRY: as to EDWARD
`JACOB LANG re 21 MOTION for Leave to Appear Notice of
`Appearance of Steven Metcalf Attorney: Steven Metcalf. was
`entered in error and counsel refiled said pleading using correct
`event. (zstd) (Entered: 06/09/2021)
`NOTICE of Filing by USA as to EDWARD JACOB LANG
`(Attachments: # 1 Exhibit Discovery Letter to Defense Counsel
`dated June 14, 2021 , # 2 Exhibit Discovery Letter to Defense
`Counsel dated June 14, 2021 )(Jackson, Melissa) (Entered:
`06/14/2021 )
`MINUTE ORDER. As discussed at the March 30, 2021 status
`conference, the government's 13 Motion for an Order to Disclose
`Items Protected by Federal Rule of Criminal Procedure 6(e) and
`Sealed Materials is GRANTED. It is further ORDERED that the
`United States may provide in discovery sealed materials and
`materials protected by Federal Rule of Criminal Procedure 6(e).
`Signed by Judge Carl J. Nichols on June 15, 2021. (lccjn1)
`(Entered: 06/ 15/2021)
`Minute Entry for proceedings held before Judge Carl J. Nichols:
`Video Status Conference as to EDWARD JACOB LANG held on
`6/15/2021. Speedy Trial as to EDWARD JACOB LA NG is
`Excluded from 6/ 15/2021 to 7/ 15/2021 , in the Interest of Justice,
`XT. Status Conference set for 7/15/2021 at 11 :00 AM in
`TelephonicNTC before Judge Carl J. Nichols. Bond Status of
`Defendant: Defendant remains Committed; Court Reporter:
`Lorraine Herman ; Defense Attorney: Martin Tankleff and Steven
`Metcalf, II; US Attorney: Melissa Jackson. (zeal) (Entered:
`06/15/2021 )
`SeUReset Hearings as to EDWARD JACOB LANG:Status
`Conference RESET for 7/16/2021 at 11 :00 AM in TelephonicNTC
`before Judge Carl J. Nichols. (zeal) (Entered: 06/16/2021 )
`ENTERED IN ERROR ..... NOTICE of Filing by USA as to
`EDWARD JACOB LANG (Attachments: # 1 Exhibit)(Jackson,
`Melissa) Modified on 6/30/2021 (zstd). (Entered: 06/30/2021)
`NOTICE OF CORRECTED DOCKET ENTRY: as to EDWARD
`JACOB LANG re 24 Notice (Other) was entered in error and
`counsel was instructed to refile said pleading. The exhibit cannot
`be filed by itself, a notice of filing needs to be filed as the main
`document and the exhibit will be the attachment. (zstd) (Entered:
`06/30/2021 )
`NOTICE of Filing by USA as to EDWARD JACOB LANG
`(Attachments:# 1 Exhibit)(Jackson, Melissa) (Entered:
`07/01/2021 )
`NOTICE of Filing Viewing Letter by USA as to EDWARD JACOB
`LANG (Attachments: # 1 Notice to Counsel/Party)(Jackson,
`Melissa) (Entered: 07/08/2021)
`Minute Entry for proceedings held before Judge Carl J. Nichols:
`Video Status Conference as to EDWARD JACOB LANG held on
`7/16/2021. Speedy Trial as to EDWARD JACOB LA NG is
`Excluded from 7/ 16/2021 to 9/ 15/2021, in the Interest of Justice,
`XT. Status Conference set for 9/15/202 1 at 11 :00 AM in
`TelephonicNTC before Judge Carl J. Nichols. Bond Status of
`Defendant: Defendant remains Committed; Court Reporter:
`
`App.6
`
`

`

`USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 10 of 515
`1:2 1cr53, USA v. LANG
`
`Source
`
`#
`
`Date
`
`28
`
`08/12/2021
`
`29
`
`08/23/2021
`
`30
`
`08/24/2021
`
`08/30/2021
`
`08/30/2021
`
`31
`
`09/07/2021
`
`09/08/2021
`
`09/08/2021
`
`32
`
`09/09/2021
`
`09/13/2021
`
`09/13/2021
`
`33
`
`09/14/2021
`
`34
`
`09/14/2021
`
`Proceeding Text
`Lorraine Herman; Defense Attorney: Martin Tankleff and Steven
`Metcalf, II; US Attorney: Melissa Jackson. (zeal) (Entered:
`07/16/2021 )
`NOTICE of Filing of Discovery Letter by USA as to EDWARD
`JACOB LANG (Attachments: # 1 Exhibit Discovery Letter- 8-11-
`2021 )(Jackson, Melissa) (Entered: 08/12/2021)
`First MOTION for Bond by Edward Jacob Lang, First MOTION for
`Release from Custody by Edward Jacob Lang by EDWARD
`JACOB LANG. (Attachments: # 1 Exhibit Exhibits A-J in Support
`of Bond Application)(Tankleff, Martin) (Entered: 08/23/2021)
`STATUS REPORT Regarding Status of Discovery by USA as to
`EDWARD JACOB LANG (Jackson, Melissa) (Entered:
`08/24/2021 )
`MINUTE ORDER. After review of Defendant's 29 Motion for Bond,
`it is hereby ORDERED that the government shall file a response
`to the Motion by September 7, 2021 . Signed by Judge Carl J.
`Nichols on August 30, 2021. (lccjn1 ) (Entered: 08/30/2021 )
`SeUReset Deadlines as to EDWARD JACOB LANG: Response
`due by 9/7/2021. (zeal) (Entered: 09/01 /2021)
`RESPONSE by USA as to EDWARD JACOB LANG re 29 First
`MOTION for Bond by Edward Jacob LangFirst MOTI ON for
`Release from Custody by Edward Jacob Lang (Attachments: # 1
`Certificate of Service)(Jackson, Melissa) (Entered: 09/07/2021 )
`MINUTE ORDER. After review of USA's Response 31 to
`Defendant's Motion for Bond 29 , it is hereby ORDERED that
`Defendant shall file a Reply by September 14, 2021. It is further
`ORDERED that the Status Conference on September 15th at
`11 :00 A.M. shall include a hearing on Defendant's Motion for
`Bond , and Parties should be prepared to discuss the Motion.
`Signed by Judge Carl J. Nichols on September 8, 2021 . (lccjn1)
`(Entered: 09/08/2021)
`SeUReset Deadlines as to EDWARD JACOB LANG: Reply due by
`9/14/2021. (zeal) (Entered: 09/09/2021 )
`LEAVE TO FILE DENIED- Motion to Proceed as Poor Person,
`Petition for a writ of Habeas Corpus, Memorandum of Law as to
`EDWARD JACOB LANG. This document is unavailable as the
`Court denied its filing. Signed by Judge Carl J. Nichols on
`9/9/2021. (zltp) (Entered: 09/10/2021 )
`SeUReset Hearings as to EDWARD JACOB LANG : Motion
`Hearing / Status Conference RESET for 9/20/2021 at 03: 15 PM in
`Courtroom 17- In Person before Judge Carl J. Nichols. (zeal)
`(Entered: 09/ 13/2021)
`MINUTE ORDER. The Court finds that, in light of the COVID-19
`pandemic, the interest of justice is best served and outweighs the
`interests of the public and Mr. Lang in a speedy trial and that the
`time between September 15, 2021 and the next hearing, presently
`scheduled for September 20, 2021 , shall be excluded in
`computing time within which the trial must commence in this case
`under the Speedy Trial Act, 18 U.S.C. 3161. Signed by Judge
`Carl J. Nichols on September 13, 2021 . (lccjn 1) (Entered:
`09/13/2021 )
`Unopposed MOTION for Extension of Time to File Response
`Reply by EDWARD JACOB LANG. (Tankleff, Martin) Modified text
`on 9/14/2021 (zstd). (Entered: 09/ 14/2021)
`RESPONSE by USA as to EDWARD JACOB LANG re 29 First
`MOTION for Bond by Edward Jacob LangFirst MOTION for
`Release from Custody by Edward Jacob Lang (Attachments: # 1
`Certificate of Service)(Jackson, Melissa) (Entered: 09/14/2021 )
`
`App.7
`
`

`

`USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 11 of 515
`1:2 1cr53, U SA v. LANG
`
`Source
`
`#
`
`Date
`09/14/2021
`
`09/14/2021
`
`36
`
`09/15/2021
`
`35
`
`09/16/2021
`
`38
`
`09/17/2021
`
`09/20/2021
`
`39
`
`09/22/2021
`
`40
`
`09/23/2021
`
`41
`
`09/27/2021
`
`42
`
`10/04/2021
`
`43
`
`10/05/2021
`
`10/05/2021
`
`10/15/2021
`
`Proceeding Text
`MINUTE ORDER. Upon consideration of Defe ndant's 33
`Unopposed Motion for Extensio n of Time, that Motion is
`GRANTED. It is thus ORDERED that Defendant shall file a Reply
`to 31 USA's Response to Defendants Motion for Bond by
`September 17, 2021. Signed by Judge Carl J . Nichols o n
`September 14, 202 1. (lccjn1 ) (Entered: 09/14/2021)
`SeUReset Deadlines as to EDWARD JACOB LANG: Defendants
`Reply due by 9/ 17/2021. (zeal) (Entered: 09/ 15/2021)
`Superseding INDICTMENT as to EDWARD JACOB LANG (1)
`count(s) 1 s-2s, 3s-4s, 5s-6s, 7s, 8s, 9s, 1 Os, 11 s, 12s, 13s. (zstd)
`(Main Document 36 replaced on 9/16/2021 ) (zstd). (Entered:
`09/16/2021 )
`Second STATUS REPORT Regarding Status of Discovery by
`USA as to EDWARD JACOB LANG (Jackson, Melissa) (Entered :
`09/16/2021 )
`REPLY TO OPPOSITION to Motion by EDWARD JACOB LANG
`re 29 First MOTION for Bond by Edward Jacob LangFirst
`MOTION for Release from Custody by Edw ard Jacob Lang
`Opposition to Government (Tankleff, Martin) (Entered :
`09/18/2021 )
`Minute Entry for proceedings held before Judge Carl J. Nichols:
`Motion Hearing/Arraig nment as to EDWARD JACOB LANG (1 )
`Count 1 s-2s,3s-4s,5s-6s,7s,8s,9s, 10s, 11 s, 12s, 13s held on
`9/20/2021. Not Guilty as to all counts. 29 Motion for Release from
`Custody as to EDWARD JACOB LANG (1 ); DENIED for reasons
`set forth on the record. Motion to modify Conditions; DENI ED
`w ithout prejudice. Further Order to be issued by the Court.
`Speedy Trial as to EDWARD JACOB LANG is Excluded from
`9/20/2021 to 10/20/2021 , in the Interest of Justice, XT. Status
`Conference set for 10/20/202 1 at 02:00 PM in TelephonicN TC
`before Judge Carl J. Nichols. Bond Status of Defendant:
`Defendant Committed/ Commitment Issued; Court Reporter:
`Lorraine Herman; Defense Attorney: Martin T ankleff and Steven
`Metcalf; US Attorney: Melissa Jackson; Pretrial Services Officer:
`Andre Sid bury . (zeal) (Entered: 09/20/2021)
`NOTIC E OF FILING by USA as to EDWARD JACOB LANG
`(Attachments:# 1 Notice to Counsel/Party UNITED STATES
`MEMORANDUM REGARDING STATUS O F
`DISCOVERY)(Jackson , Melissa) (Entered: 09/22/2021 )
`NOTIC E OF FILING by USA as to EDWARD JACOB LANG
`(Attachments:# 1 Notice to Counsel/Party)(Jackson, Melissa)
`(Entered: 09/23/2021)
`NOTIC E OF FILING OF DISCOVERY LETTER by USA as to
`EDWARD JACOB LANG (Attachments: # 1 Notice to
`Counsel/Party)( Jackson, Melissa) (Entered: 09/27/2021 )
`NOTIC E OF APPEA L (Interlocutory) by EDWARD JACOB LA NG
`Filing fee $ 505, receipt number ADCDC-8779418. Fee Status:
`Fee Paid. Parties have been notified. (Metcalf, Steven) (Entered:
`10/04/2021 )
`Transmissio n of the Notice of Appeal, Order A ppealed, and
`Docket Sheet to US Court of Appeals. The Court of Appeals fee
`w as paid as to EDWARD JACOB LA NG re 42 Notice of Appeal -
`Interlocutory. (zstd) (Entered: 10/05/2021 )
`USCA Case Number as to EDWARD JACOB LANG 21-3066 for
`42 Notice of Appeal - Interlocutory filed by EDWARD JACOB
`LANG. (zstd) (Entered: 10/05/2021)
`SeUReset Hearings as to EDWARD JACOB LANG : Due to
`unavailability of DC Jail , Status Conference RESET for 11/4/202 1
`at 10:00 AM in TelephonicN TC before Judge Carl J. Nichols.
`
`App.8
`
`

`

`USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 12 of 515
`1:2 1cr53, USA v. LANG
`
`Source
`
`#
`
`44
`
`Date
`
`10/27/2021
`
`11/04/2021
`
`45
`
`11/05/2021
`
`46
`
`11/17/2021
`
`12/09/2021
`
`47
`
`01 /18/2022
`
`01 /18/2022
`
`01 /27/2022
`
`48
`
`02/04/2022
`
`02/04/2022
`
`Proceeding Text
`(zeal) (Entered: 10/ 15/2021)
`STATUS REPORT Regarding Status of Discovery by USA as to
`EDWARD JACOB LANG (Jackson, Melissa) (Entered :
`10/2712021 )
`Minute Entry for proceedings held before Judge Carl J. Nichols:
`Video Status Conference as to EDWARD JACOB LANG held on
`11/4/2021. Speedy Trial as to EDWARD JACOB LANG is
`Excluded from 10/20/2021 to 12/9/2021, in the Interest of Justice,
`XT. Status Conference set for 12/9/2021 at 10:00 AM by
`TelephonicN TC before Judge Carl J. Nichols. Bond Status of
`Defendant: Defendant remains Committed; Court Reporter:
`Lorraine Herman ; Defense Attorney: Martin Tankleff; US Attorney:
`Melissa Jackson. (ztl) (Entered: 11/04/2021)
`STATUS REPORT Regarding Status of Discovery by USA as to
`EDWARD JACOB LANG (Jackson, Melissa) (Entered:
`11/05/2021 )
`NOTICE OF ATTORNEY APPEA RANCE Karen E. Rochlin
`appearing for USA. (Rochlin, Karen) (Entered: 11/17/2021)
`Minute Entry for proceedings held before Judge Carl J. Nichols:
`Video Status Conference as to EDWARD JACOB LANG held on
`12/9/2021. Speedy Trial as to EDWARD JACOB LA NG is
`Excluded from 12/9/2021 to 1/ 18/2022, in the Interest of Justice,
`XT. Status Conference set for 1/18/2022 at 02:00 PM in
`TelephonicN TC before Judge Carl J. Nichols. Bond Status of
`Defendant: Defendant remains Committed; Court Reporter:
`Lorraine Herman ; Defense Attorney: Martin Tankleff and Steven
`Metcalf, II; US Attorney: Melissa Jackson and Karen Rochlin .
`(zeal) (Entered: 12/09/2021)
`MOTION for Extension of Time to Adjournment Request by
`EDWARD JACOB LANG. (Metcalf, Steven) (Entered: 01 / 18/2022)
`MINUTE ORDER as to EDWARD LANG. Upon review of
`Defendant's 47 Motion for Extension of Time and Exclusion Under
`the Speedy Trial Act, it is ORDERED the Motion is GRANTED. It
`is further ORDERED that the status conference scheduled for
`January 18, 2022 is CONTINUED until January 27, 2022 at 10:00
`A.M. It is further ORDERED that, for the reasons stated in the
`Motion, in particular the injuries to the Defendant's lawyers and
`the Defendant's quarantine, it is in the interest of justice for the
`time between today and the next status conference, currently
`scheduled for January 27, 2022, to be excluded from the time by
`which the trial must commence under the Speedy Trial Act.
`Signed by Judge Carl J. Nichols on January 18, 2022. (lccjn1)
`(Entered : 01/ 18/2022)
`Minute Entry for proceedings held before Judge Carl J. Nichols:
`Video/Telephone Status Conference as to EDWARD JACOB
`LANG held on 1/27/2022. Speedy Trial as to EDWA RD JACOB
`LANG is Excluded from 1/27/2022 to 2/23/2022, in the Interest of
`Justice, XT. Defendant's position due by 2/4/2022. Status
`Conference set for 2/23/2022 at 03:00 PM in TelephonicN TC
`before Judge Carl J. Nichols. Bond Status of Defendant:
`Defendant remains Committed; Court Reporter: Lorraine Herman;
`Defense Attorney: Martin Tankleff and Steven Metcalf, II; US
`Attorney: Karen Rochlin and Melissa Jackson. (zeal) (Entered:
`01 /27/2022)
`ENTERED IN ERROR .... First STATUS REPORT Regarding
`Defendant's Position on Protective Order by EDWARD JACOB
`LANG (Tankleff, Martin) Modified on 2/7/2022 (zstd). (Entered:
`02/04/2022)
`NOTICE OF CORRECTED DOCKET ENTRY : as to EDWARD
`
`App.9
`
`

`

`USCA Case #22-3038 Document #1958171 Filed: 08/08/2022 Page 13 of 515
`1:21cr53, USA v. LANG
`
`#
`
`Date
`
`02/07/2022
`
`02/07/2022
`
`49
`
`02/10/2022
`
`50
`
`02/11/2022
`
`02/11/2022
`
`02/14/2022
`
`02/14/2022
`
`02/14/2022
`
`02/22/2022
`
`0212212022
`
`02/23/2022
`
`Source
`
`Proceeding Text
`JACOB LANG re 48 Status Report was entered in error and
`counsel was instructed to refile said pleading. The document is a
`letter and needs to be filed along with a Notice of Filing and the
`letter as an attachment. (zstd) (Entered: 02/07/2022)
`MINUTE ORDER as to EDWARD JACOB LANG. Upon
`consideration of Defendant's 48 First Status Report Regarding
`Defendant's Position on Protective Order, it is ORDERED that the
`Defendant shall file, by February 11, 2022, an additional
`statement with respect to Defendant's position on the Protective
`Order. Signed by Judge Carl J. Nichols on February 7, 2022.
`(lccjn1) (Entered: 02/07/2022)
`SeUReset Deadlines as to EDWARD JACOB LANG: Defendant
`Additional Statement on Protective Order due by 2/11/2022. (zeal)
`(Entered: 02/08/2022)
`STATUS REPORT Regarding Status of Discovery As Of February
`9, 2022 by USA as to EDWARD JACOB LANG (Rochlin, Karen)
`(Entered: 02/ 10/2022)
`ENTERED IN ERROR ..... NOTICE of Filing of Letter of Updated
`Status Report Regarding Protective Order and Court Appearances
`by EDWARD JACOB LANG (Tankleff, Martin) Modified on
`2/14/2022 (zstd). (Entered: 02/ 11/2022)
`NOTICE OF CORRECTED DOCKET ENTRY: as to EDWARD
`JACOB LANG re 50 Notice (Other) was entered in error and
`counsel was instructed to refile said pleading. The notice of filing
`needs to have the court caption, case number and will be filed at
`the main document and the letter as the attachment. (zstd)
`(Entered : 02/ 14/2022)
`MINUTE ORDER as to EDWARD JACOB LANG. Upon review of
`Defendant's 50 Updated Status Report, it is ORDERED that the
`Status Conference on February 23, 2022 at 3:00 P.M. shall be
`held in-person in Courtroom 19. Signed by Judge Carl J. Nichols
`on February 14, 2022. (lccjn1 ) (Entered: 02/ 14/2022)
`MINUTE ORDER as to EDWARD JACOB LANG. It is ORDERED
`that the Status Conference on February 23, 2022 is rescheduled
`to 11 :00 A.M. and shall be held in-person in Courtroom 19. Signed
`by Judge Carl J. Nichols on February 14, 2022. (lccjn1) (Entered:
`02/14/2022)
`SeUReset Hearings as to EDWARD JACOB LANG: Status
`Conference RESET for 2/23/2022 at 11 :00 AM in Courtroom 19-
`In Person before Judge Carl J. Nichols. Note time and location
`change. (zeal) (Entered: 02/14/2022)
`MINUTE ORDER as to EDWARD JACOB LANG. It is ORDERED
`that the Status Conference on February 23, 2022 at 11 :00 A.M.
`shall be held by videoconference. Signed by Judge Carl J. Nichols
`on February 22, 2022. (lccjn1 ) (Entered: 02/22/2022)
`SeUReset Hearings as to EDWARD JACOB LANG : Status
`Conference RESET for 2/23/2022 at 11 :00 AM in Courtroom 19-
`In Person before Judge Carl J. Nichols. Note Location Change.
`(zeal) (Entered: 02/22/2022)
`Minute Entry for proceedings held before Judge Carl J. Nichols:
`Vide