A federal judge on Thursday denied Rep. LaMonica McIver’s (D-NJ) motion to dismiss assault charges stemming from a May protest outside Newark’s Delaney Hall Immigration and Customs Enforcement (ICE) detention center.
McIver, a freshman Democrat, is accused of confronting federal officers while attempting to intervene in the arrest of Newark Mayor Ras Baraka, highlighting tensions between congressional oversight and law enforcement operations.
U.S. District Judge Jamel Semper, appointed by former President Joe Biden, ruled against McIver on two of the three counts, postponing a decision on the third until additional evidence is presented.
McIver argued that the case was politically motivated, citing its prosecution by Alina Habba, former personal attorney to President Donald Trump and currently acting U.S. Attorney for New Jersey.
She also claimed protections under the Constitution’s Speech or Debate Clause, which shields lawmakers from legal action related to legislative duties.
“Defendant’s active participation in the alleged conduct removes her acts from the safe harbor of mere oversight,” Semper wrote in the ruling, according to The Hill.
“Lawfully or unlawfully, Defendant actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”
The incident occurred during a 68-second confrontation outside Delaney Hall, a facility used by ICE to detain illegal immigrants.
McIver allegedly struck one officer with her forearm, grabbed him and used her arms to strike a second officer, according to court filings.
Prosecutors argue these actions occurred outside the scope of lawful oversight, as McIver’s authority to inspect the facility does not extend to interfering with an arrest or engaging in physical altercations, Trending Politics reports.
The third charge, still under review, involves a separate interaction as McIver returned to the facility after Baraka’s arrest.
Judge Semper indicated he would evaluate this count once the evidence is fully assessed.
McIver has defended her actions, claiming the charges are intended to intimidate lawmakers performing oversight.
“From the beginning, this case has been about trying to intimidate me, stop me from doing oversight, and keep me from doing my job. It will not work,” she said in a statement.
McIver emphasized her commitment to holding federal agencies accountable, including ICE, and advocating for her constituents.
The prosecution asserts that McIver’s conduct exceeded her oversight role and amounted to physical interference with law enforcement operations.
Habba’s office has not publicly commented, but her position has previously been questioned due to claims that she served “unlawfully” as acting U.S. attorney, a decision currently tied up in appeals.
Legal experts note that the case highlights the delicate balance between congressional oversight of federal facilities and the enforcement powers of law enforcement.
While lawmakers have authority to inspect ICE facilities, any actions that obstruct officers or involve physical contact fall outside constitutional protections.
This case could set a precedent for future disputes over the limits of oversight authority.
McIver has pleaded not guilty to all charges.
The case is moving closer to trial and could have broader implications for how lawmakers conduct oversight in sensitive federal facilities and how prosecutors handle politically charged confrontations.
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