Rep. McIver in court; attorney pushes for dismissal
Attorneys for the Democrat filed a motion to dismiss the assault charge leveled against her by the U.S. Attorney’s Office for her part in an incident in May at Delaney Hall.
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Rep. LaMonica McIver was back at the federal courthouse in Newark.
Attorneys for the Democrat filed a motion to dismiss the assault charge leveled against her by the U.S. Attorney’s Office for her part in an incident in May at Delaney Hall.
McIver’s attorney Paul Fishman argued for dismissal on two fronts.
The first is that the congresswoman is a victim of selective prosecution. The other argument is that she has legislative immunity from charges.
Concerning selective prosecution, McIver has said she was targeted by the Trump administration because she is against the mass arrests and incarceration of immigrants.
She was at the Delaney Hall on the day in question with two other members of Congress to check on conditions for those being held at the facility in Newark and to be sure that immigrants in custody were being afforded their due process.
“If she was a republican she never would’ve been charged. The boss wanted this case prosecuted," said her attorney Paul Fishman in court.
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Fishman added that McIver was,“Holding ICE’s feet to the fire, and making sure they are doing their jobs the right way.”
U.S. Attorney for New Jersey, Alina Habba, has said McIver was charged because she endangered an officer of the law.
However Fishman told the judge during oral arguments, what McIver did was nothing when compared with Jan. 6 offenders at the U.S. Capitol who were pardoned.
“Some of the Jan. 6 defendants carried baseball bats, flagpoles and bike racks. The congresswoman was carrying a folder of papers,” said Fishman
McIver also says she has legislative immunity as a member of the Homeland Security Committee, and she is allowed to inspect ICE and DHS.
“She engaged in a criminal act," said Assistant U.S. Attorney Mark McCarren. "Whatever legislative act she was engaged in was pushed aside.”
After the court hearing, McIver walked outside to a crowd of supporters where she briefly addressed those on hand.
“We have to continue to hold this administration accountable. We all know why this is happening. I’m clear why this is happening. It’s because I was doing my job,” said Rep. McIver.
After hearing both sides, Judge Jamel Semper told the court he will review the arguments and issue his written ruling at a later date.
