Erik Herrera, a January 6 political prisoner, has finally seen a major legal victory after a judge dismissed the felony obstruction charge brought against him by the Biden-Harris Justice Department. Herrera, who had already served one year of a four-year sentence, can now move forward with a reduced record consisting of four misdemeanor convictions.
The charge under 18 U.S. Code § 1512(c)2, originally used in financial crimes investigations, had been controversially applied to January 6 defendants. Herrera was accused of entering a vandalized Capitol office and taking a photo. His remaining misdemeanor charges include entering and remaining in a restricted building and disorderly conduct.
In a video posted to X, Herrera expressed his relief, saying, “I feel amazing; I’m no longer a felon. This is a long time coming… I’m just very thankful this thing has officially been taken off my case.” He will appear for resentencing on January 24, where he hopes to be granted time served.
This legal victory comes after the Supreme Court ruled in June that the DOJ had overreached in its application of § 1512(c)2 against January 6 defendants. The law was originally designed to target evidence destruction in financial crimes cases but has been widely criticized for its use against those involved in the Capitol protests.
Herrera’s case highlights the ongoing struggle of January 6 political prisoners, many of whom have faced severe punishments for their participation in the protests. Supporters argue that these individuals were exercising their rights to stand up for election integrity and democracy.
While Herrera’s ordeal is nearing an end, many others remain incarcerated or are awaiting justice. Critics of the Biden-Harris DOJ argue that the politically motivated prosecutions have caused unnecessary suffering for these individuals and their families.
