New Jersey Congresswoman Challenges Ruling as Federal Charges Move Forward
New Jersey Congresswoman LaMonica McIver appealed a federal judge’s decision to let her criminal case proceed, hinting that her struggle against the allegations will continue.
The case stemmed from a dramatic altercation outside Delaney Hall, a Newark federal immigration detention facility, on May 9. McIver is facing three federal felony counts for that incident and has asked the Third Circuit to review a lower court finding that denied her request to dismiss the case.
McIver filed petitions to dismiss the allegations earlier this year, contending that the Speech or Debate Clause protects Congress from prosecution for legitimate legislative operations. She also accused the prosecution of selective and spiteful prosecution for criticizing the administration’s immigration policies.
U.S. District Judge Jamel K. Semper rejected most of those arguments in November. Two felony counts did not constitute as protected legislative activity, and the judge found no evidence that prosecutors discriminated or retaliated. The court did not rule on one charge, leaving part of the matter unsettled.
McIver filed a notice of appeal against the judge’s November 13 order on Monday, advancing the issue to federal appeals.
McIver stated that she believes the prosecution is trying to stifle her opposition to the administration. She called the prosecution dangerous and false and said she would continue to defend her constituents and hold federal officials accountable. She also characterized the petition as a protest against dissent and oversight suppression.
McIver is accused of assaulting and interfering with a Homeland Security Investigations agent and an ICE deportation officer at Delaney Hall. She is also accused of impeding police during an immigration protest civil disorder.
The 1,000-bed Delaney Hall prison complex sparked protesters this spring. McIver and Newark Mayor Ras Baraka visited the prison in May to request entry. Baraka was arrested by federal agents as officials and demonstrators surrounded him.
Prosecutors say McIver used her forearm on a federal agent and held onto the mayor to prevent his arrest. Police body camera footage is unclear whether agents were intentionally hit or merely a byproduct of the unruly crowd.
If found guilty on all counts, McIver could serve 17 years in federal prison. Supporters say the allegations were politically motivated and should never have been made. The People’s Organization For Progress’s leader, Lawrence Hamm, supported McIver’s right to appeal and hoped the appellate court would reject an unjust case.
The Third Circuit will assess whether the trial court correctly applied federal and constitutional law as the appeal progresses. The decision could affect McIver’s career and elected officials’ legal safeguards during federal protests and confrontations.
The case remains active, and the appeal is the latest chapter in a high-profile New Jersey judicial and political dispute.
Sources:
U.S. District Court for the District of New Jersey
U.S. Court of Appeals for the Third Circuit
U.S. Department of Homeland Security
U.S. Immigration and Customs Enforcement
