U.S. Rep. LaMonica McIver
A federal district judge denied pretrial motions to dismiss the case against U.S. Rep. LaMonica McIver, who is accused of assaulting a law enforcement officer outside an immigration detention facility in May.
“I am disappointed in today’s decision,” McIver said. “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. I will keep standing up to protect people, and the court’s denial of my motions does not change that fact. I am not in this fight only for myself, and I am concerned that this decision will simply embolden the administration. This case is not over. I am committed to protecting my community, our people, and our country.”
McIver, 39, has been charged with assaulting, impeding and interfering with law enforcement officers during a visit with Newark May or Ras J. Baraka to a recently opened privately run detention center for immigrants in Newark. McIver represents East Orange, Orange, Irvington and other municipalities in Essex and Union counties.
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 17 years in prison.
Paul J. Fishman, McIver’s attorney, said the court appears to have given the motions thoughtful consideration but 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,” Fishman said.
“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. We are currently evaluating next steps.”
Hanna Rusmey, a spokesperson for McIver, said the indictment should be dismissed based on the Congresswoman’s legislative immunity, and because she is being selectively and vindictively prosecuted.
“Congresswoman McIver was doing her job at Delaney Hall, and for that she has been targeted, burdened with wildly expensive and time-consuming litigation, and is facing the threat of 17 years in prison,” Rumsey said. “We will fight this case until the end. The Trump administration cannot intimidate LaMonica McIver: she will always protect her community and people across this country.”
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