Judge denies McIver motion to dismiss

The federal judge overseeing the prosecution of Congresswoman LaMonica McIver for an alleged assault on a law enforcement officer during a visit to Delaney Hall denied her motion this week to dismiss part of the indictment.

The judge held that legislative immunity did not apply, disputing McIver’s contention that the case centers around her legally authorized congressional oversight visit to the Immigration and Customs Enforcement detention facility in her district in May.

“Legislative oversight of an ICE detention facility like Delaney Hall can’t be done from behind a desk—it is my responsibility to visit it, inspect it, and hold those running it accountable for any abuses,” said McIver who represents East Orange, Irvington, Orange, and West Orange.

“I’m disappointed by today’s ruling, and remain very concerned about the Trump administration’s efforts to criminalize legislative oversight and operate in the shadows.”

McIver said that oversight helps prevent the administration from abusing people and violating their rights and when abuses occur, oversight can expose them.

“This work is Congress’s job—it’s not ambiguous and it shouldn’t be up for debate,” McIver said. “I will keep standing up to protect our communities.”
McIver, 39, has been charged with assaulting, impeding and interfering with law enforcement officers during a visit in May with Newark Mayor Ras J. Baraka to the recently opened privately run detention center for immigrants in Newark.

The Associated Press reported that a video released by Homeland Security shows McIver on the facility side of a chain-link fence just before the arrest of Baraka on the street side of the fence. She and uniformed officials go through the gate and she joins others shouting “surround the mayor.”

The AP reported that the video shows McIver in a tightly packed group of people when her left elbow and then her right elbow push into an officer wearing a face covering and a uniform with the word “Police” on it.

The AP said it was a bodycam video and it wasn’t clear if the contact was intentional or incidental.

McIver and counsel sought to have criminal charges brought against her dismissed on two separate bases: one on legislative immunity and the other on selective and vindictive prosecution. From the charges, McIver faces up to 17 years in prison.

Last month, McIver returned to the Delaney Hall detention center for an oversight visit after a detainee at the facility died. She was accompanied by two other members of Congress – Reps. Yvette Clarke (NY-09) and Rob Menendez (NJ-08) – and was able to conduct the visit.

“The Constitution grants Congress oversight authority for a reason,” McIver said at the time. “Someone must be able to speak for the voiceless, go where others are not allowed, and uncover the abuses that we know take place in the dark. Delaney Hall must be closed immediately and a full, independent, investigation needs to take place. I will continue to demand accountability and closely monitor the situation as we learn more.”

Media inquiries seeking comment from Immigration and Customs Enforcement are referred to an email address. Emails sent to this address were not returned.

McIver filed a notice of appeal after, in November, a federal judge ruled to deny pretrial motions to dismiss the case against her.

“From the beginning, I’ve fought back against this administration’s cruelty and attempts to silence dissent—this appeal is the next step in the fight. The Trump administration’s case is dangerous, baseless, and designed to stop me from doing my job. I won’t,” said McIver. “This appeal is for everyone who is standing up to this administration as they try to operate without oversight, silence the people who oppose them, and shut down those who protect the vulnerable. They want to make an example out of me, but I will not let them. I will not be bullied out of doing my job and protecting our communities. Not now, not ever.”