Congresswoman Loses Bid To Toss Assault Charges – Judge Says Case Must Proceed

NEWARK, N.J. — A federal judge on Thursday ruled that two of the three criminal counts against Rep. LaMonica McIver may proceed, rejecting her contention that the Department of Justice is selectively and vindictively prosecuting her.

McIver, a first-term Democrat representing New Jersey’s 10th District, is accused of assaulting and impeding federal agents during a May 9 visit to the immigration detention centre known as Delaney Hall in Newark, where agents moved to arrest the city’s mayor.

In her motion to dismiss, McIver argued the charges were retaliatory because she had conducted oversight of the facility, and therefore were protected by the Constitution’s Speech or Debate Clause and amounted to selective prosecution.

However, U.S. District Judge Jamel K. Semper ruled that McIver did not meet the high standard required to show selective prosecution or to establish that her actions qualified as protected legislative acts. He wrote that “Defendant has not met her burden of establishing that her predominant purpose … was to conduct oversight or gather information for a legislative purpose.”

Semper also found that her alleged conduct occurred outside the ordinary scope of congressional oversight — specifically, in confronting federal agents outside the facility gate — and therefore did not fall under the protections of the legislative-immunity doctrine.

The New Jersey Monitor has additional details on his 41-page ruling:

It’s unclear when McIver’s trial will begin. It had been scheduled to start Monday, but Semper delayed it pending Thursday’s ruling. Semper said he needs more facts to decide McIver’s motion to dismiss the third charge.

McIver has pleaded not guilty and maintained that the charges amount to political retaliation on behalf of the Trump administration.

McIver attorney Paul J. Fishman, a former U.S. attorney for New Jersey, said her legal team is “evaluating next steps.”

“Although it is apparent that the court gave the motions thoughtful consideration, we believe the decisions are wrong. It is clear this administration is treating Congresswoman McIver’s actions differently than the actions of those who are on their side. It is also clear that this prosecution is designed to chill the Congresswoman’s lawful authority to conduct oversight and hold the administration to account,” Fishman said.

Though rejected in this case, the selective-prosecution claim remains a notable theme in contemporary political prosecutions and may shape how future cases involving elected officials are handled.

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