Judge denies Rep. McIver's request to dismiss Trump administration charges
McIver sought to dismiss the case against her on the grounds that her visit to Newark's Delaney Hall immigration detention center in May was protected on the grounds of constitutional legislative immunity as well as selective and vindictive prosecution.
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A judge declined Thursday to throw out the criminal case against U.S. Rep. LaMonica McIver, who was charged with assaulting federal agents during a chaotic visit last spring to an immigration detention center in New Jersey.
McIver’s lawyers had argued that the prosecution was selective and vindictive, and that the New Jersey Democrat hadn’t assaulted anyone during her May 9 trip to Delaney Hall detention center in Newark. They also said McIver was performing legislative duties protected by the Constitution when she showed up to inspect the detention center, and was thus immune from prosecution.
U.S. District Judge Jamel Semper wrote that McIver failed to show the prosecution was vindictive and that her actions were “wholly disconnected” from the oversight she was conducting as a member of Congress.
The judge didn't reach a decision yet on another one of the congresswoman's motions to toss the charges.
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The case is a high-profile clash between Trump's second administration and a Democratic lawmaker who has been sharply critical of the president's policies. McIver has pleaded not guilty and vowed to continue her work as a lawmaker.
The acting U.S. attorney in New Jersey, Alina Habba, brought the case. Her tenure overseeing federal prosecutors in New Jersey is separately being challenged in court, with appellate judges having heard arguments in that case and a decision pending.
McIver was indicted in June on three counts of assaulting, resisting, impeding and interfering with federal officials. Two of the counts carry a maximum sentence of up to eight years in prison. The third is a misdemeanor with a maximum punishment of one year in prison.
Delaney Hall, a 1,000-bed facility, was the site of raucous protests last spring.
McIver was among several elected officials, including Newark Mayor Ras Baraka, who attempted to visit the facility in May. As they tried to gain access, Baraka was arrested by federal agents. McIver was among several people jostling in the crowd of people around Baraka as it happened.
Prosecutors claim McIver “slammed” her forearm into an agent and placed her arms around the mayor to try to stop his arrest.
It is not clear from police body camera video if the contact with the agent was intentional or the result of jostling in the chaotic scene. The judge's opinion on Wednesday cites video footage and says McIver pushed and was pushed during the incident.
A trespassing charge against the mayor was later dropped.
Members of Congress are legally authorized to go into federal immigration facilities as part of their oversight powers, even without notice. Congress passed a 2019 appropriations bill spelling out that authority.
McIver first came to Congress in September in a special election after the death of Rep. Donald Payne Jr. left a vacancy in the 10th District. She was then elected to a full term in November.
