Erik Herrera, one of the many January 6 political prisoners, has had his felony obstruction charge thrown out by a judge, marking a significant legal win in his battle against the Biden-Harris DOJ. Herrera, who was sentenced to four years in prison, has already served one year for his involvement in the Capitol protests.
The dismissed charge, based on 18 U.S. Code § 1512(c)2, had been criticized for its misuse against January 6 defendants. Herrera’s remaining convictions include four misdemeanors, such as entering and remaining in a restricted building, disorderly conduct, and demonstrating in the Capitol.
Herrera shared his relief on X, stating, “I feel amazing; I’m no longer a felon. This is a long time coming… I’m very thankful this has officially been taken off my case.” His resentencing is set for January 24, and he hopes the court will recognize his time already served.
This development follows a Supreme Court ruling in June, which determined the DOJ had improperly applied § 1512(c)2 to enhance sentences for January 6 participants. The statute, originally created for financial crimes, has faced backlash for being repurposed in politically charged cases.
Herrera’s case highlights the ongoing struggles faced by January 6 political prisoners. Many argue they were unfairly targeted for standing up for election integrity and democracy. These prosecutions have caused immense pain for the defendants and their families.
While Herrera’s victory is a step toward justice, numerous others remain entangled in legal battles. Critics of the Biden-Harris DOJ continue to decry what they see as politically motivated actions that have left lasting scars on countless lives.
