Nichols ruled in the case of USA v. Joseph W. Fischer that the statute used by prosecutors—18 U.S.C. § 1512(c)(2)—does not apply to the allegations against the defendant.

Joseph Wayne Fischer, 55, of Jonestown, Pa. (U.S. Department of Justice/Screenshot via The Epoch Times)

The 1512 subsection of the U.S. Code is meant to prevent tampering or destruction of documents and records, not alleged attempts to derail certification of the presidential election results, Nichols said.

"Nothing in Count Three (or the superseding indictment generally) alleges, let alone implies, that Fischer took some action with respect to a document, record, or other object in order to corruptly obstruct, impede or influence Congress's certification of the electoral vote," Nichols wrote in a 10-page ruling.

"The Court will therefore grant Fischer's motion to dismiss Count Three."

Nichols threw out the same charge on March 7 in the case of Garret A. Miller, 35, of Richardson, Texas. Miller faces 11 other Jan. 6-related charges.

Judge Nichols is still considering Fischer's motion to dismiss Counts 4 and 5 of the indictment, both of which have to do with his alleged presence and behavior in a "restricted building or grounds."