Case involving two Utahns accused of attempting a military coup in the Democratic Republic of Congo could include classified information

SALT LAKE CITY (ABC4) — In a federal court case involving two Utahns accused of attempting a coup d’état in the Democratic Republic of Congo, U.S. attorneys are saying classified information may be at play as the case proceeds to trial.

Led by former Utah resident Christian Malanga, a small political opposition group tried to remove President Felix Tshisekedi in May 2024. The attempt failed, leading to several arrests, including two Utahns.

The two Utahns allegedly involved in the coup attempt included Marcel Malanga, 23, who is also the son of Christian Malanga, and Tyler Thompson, 22. The two were convicted and sentenced to death by the Congo government. However, the men were repatriated to the U.S. in April 2025, where they are still awaiting trial.

Awaiting trial

“My goal has always been to try to get this done as quickly as possible so we can get the case to a trial,” said Chief Magistrate Judge Dustin B. Pead during a hearing Tuesday. “It sounds like it’s going to take a little bit of time.”

Since being sent back to the U.S., the two have been in custody at the Weber County Jail while federal prosecutors and defense attorneys prepare for trial.

Malanga’s mother, Brittney Sawyer, says that despite minimal contact with her son, she was told officials attempted to transfer her son out of state, but his attorneys were able to request a stay.

“I haven’t [talked] to Marcel in a while now,” Sawyer told ABC4.com.

‘Complex case’

The case was quickly designated as a “complex case” due to the unique circumstances at play. Prosecutors say the case involves a large amount of discovery information that will require more time to go to trial.

Malanga allegedly told the Congolese court that his father had forced him and Thompson to take part in the attempted coup. The younger Malanga said his father would kill the two if they did not comply, according to the Associated Press.

Sawyer believes her son is innocent and only followed the orders of his father, who died during the attack. Photos and videos were later released showing the boys holding assault weapons and body armor.

“Based on the volume of discovery that we presently have in hand… I think that we need six months,” Jonathan Stowers with the U.S. Attorney’s Office said.

“We’ve tried to produce everything that’s really the heart of the case,” Bryan R. Whittaker, Assistant U.S. Attorney, said.

Federal court documents indicate that discovery materials include a hard drive containing FBI reports, foreign evidence, and “defendant-specific records.”

Classified information

Late Monday night, the Department of Justice filed a memorandum regarding the Classified Information Procedures Act (CIPA).

“The government anticipates that issues relating to classified information will arise in connection with this case,” the memorandum reads.

By invoking CIPA, the Department of Justice claims its purpose is to “harmonize a defendant’s right to obtain and present exculpatory material… and protect classified material in the national interest.”

“The other concern we have is… the extent to which CIPA is going to apply,” Adam Merrill, an attorney representing a different defendant, said during Tuesday’s hearing. “This isn’t the typical national security situation where a lot of U.S. secrets are involved.”

Judge Pead scheduled a status conference to discuss CIPA’s effects on the case for Jan. 16, 2026. He also set a status review hearing for mid-April of 2026.

“The goal, if it’s possible, is to set it for a trial, or get it really close to where we can set if for a trial,” Judge Pead said. “They’ve been in custody. We need to move as quickly as we can.”

The Associated Press contributed to this reporting.