A federal judge has thrown out a felony obstruction charge leveled against a Jan. 6 defendant, saying the man’s alleged conduct does not fall under the statute used by prosecutors in dozens of Jan. 6 cases. United States District Judge Carl J. Nichols dismissed one of the 12 counts against defendant Garret A. Miller, 35, of Richardson, Texas. In a 29-page ruling (pdf), Judge Nichols wrote that the federal indictment of Miller does not allege the kind of conduct covered by 18 § U.S.C. 1512(c)(2), which is aimed at destruction of records or documents—not trying to prevent the counting of presidential electors by Congress. “Nothing in Count Three (or the Indictment more generally) alleges, let alone implies, that Miller 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, granting Miller’s motion …