WASHINGTON - A Mercer County mother of eight, who is charged in connection with the January 6, 2021, U.S. Capitol riot, has asked a federal judge to dismiss the most serious of the charges filed against her.

The attorney representing 42-year-old Rachel Powell of Sandy Lake, Pennsylvania has filed a motion in the U.S. District Court of Washington, D.C. to dismiss count one of an eight-count indictment.

That first count alleging that Powell obstructed Congress during the process of certifying Joseph Biden’s presidential election victory could result in a 20-year prison term if she is convicted.

According to an affidavit, during national news coverage of the capitol riot on Jan. 6 in Washington D.C., video footage showed a woman in a pink hat, a black jacket with a fur-lined hoodie using a bullhorn telling others how to gain control of the Capitol. Investigators say they later identified the woman as Powell.

Once inside, the affidavit says Powell was seen using the bullhorn to give instructions about the layout of the building and instructing others on how to "take this building." She also noted that they “have another window to break," according to the affidavit.

In the motion to dismiss the charge, Powell’s attorney claims “There is absolutely no allegation or evidence that Rachel Powell destroyed, mutilated, or concealed a record, document or other object or attempted to do so, with intent to impair the object, it’s integrity or availability for use in an official proceeding.”

In addition, the motion claims there is no evidence that Powell aided and abetted the destruction, mutilation, or concealment of a record, document, or other object or attempted to do so.

Powell, one of six Valley residents charged in connection with the insurrection, faces trial on charges including obstruction, destruction of US property over $1,000, entering a restricted building or property with a dangerous weapon, entering a restricted building/property, and disorderly conduct.