Federal Judge Dismisses Felony Obstruction Charge in Second Jan. 6 Case in 8 Days

House Speaker Nancy Pelosi (D-Calif.), right, listens as Vice President Mike Pence speaks during a joint session of Congress to count the Electoral College votes of the 2020 presidential election in the House Chamber on Jan. 6, 2021. Getty Images

For the second time in eight days, U.S. District Judge Carl J. Nichols has dismissed a felony obstruction charge alleging that a Jan. 6, 2021, U.S. Capitol breach defendant tried to prevent the certification of Electoral College votes in the 2020 presidential race.

Nichols ruled in the case of United States v. Joseph W. Fischer that the statute used by prosecutors—18 U.S.C. SS 1512(c)(2)—doesn’t apply to the allegations against Fischer.