January 6 political prisoner Erik Herrera has achieved a significant legal victory after a judge dismissed the felony obstruction charge used by the Biden-Harris DOJ to enhance his sentence. The decision comes after Herrera served one year of a four-year prison sentence for his actions during the Capitol protests.
Herrera was originally convicted under 18 U.S. Code § 1512(c)2, a law intended for cases involving evidence destruction. The DOJ’s use of this statute against January 6 defendants has been widely criticized. Herrera was accused of taking a photo in a vandalized Capitol office and was left with four misdemeanor convictions, including entering and remaining in a restricted building and disorderly conduct.
Speaking on X, Herrera expressed his gratitude, saying, “I feel amazing; I’m no longer a felon. This is a long time coming.” His resentencing is scheduled for January 24, where he hopes the judge will recognize his time served.
The Supreme Court ruled earlier this year that the DOJ had exceeded its authority by applying § 1512(c)2 to January 6 cases. This decision has given hope to many others who believe they have been unjustly prosecuted under politically motivated charges.
The plight of January 6 political prisoners has drawn attention to the broader impact of the DOJ’s actions under the Biden-Harris administration. Families have faced immense hardship, and many defendants remain incarcerated while awaiting their day in court.
Herrera’s case is a reminder of the long road to justice for those who stood up for democracy and election integrity. While his ordeal appears to be nearing an end, advocates continue to call for fair treatment and accountability in these politically charged cases.
