‘A Very Big Deal’: Attorney Responds to Judge Dismissing Felony Obstruction Charge Against Jan. 6 Defendant

Ruling could eventually affect dozens of cases, attorney says

Protesters spill out of the West Terrace tunnel like a waterfall on Jan. 6, 2021. The crowd started to stampede out of the tunnel after police deployed gas on the crowd, witnesses said. Video Still/Gary McBride

A federal judge has thrown out a felony obstruction charge leveled against a Jan. 6 defendant, saying the man’s alleged conduct doesn’t fall under the statute used by prosecutors in dozens of cases related to the 2021 breach of the U.S. Capitol.

U.S. District Judge Carl J. Nichols dismissed one of the 12 counts against defendant Garret A. Miller, 35, of Richardson, Texas.