Judge rejects Rep. McIver’s bid to toss assault case

A judge on Thursday denied a motion to dismiss the criminal case against U.S. Rep. LaMonica McIver, D-N.J., who is charged with assaulting federal agents during a visit to a New Jersey immigration detention center earlier this year. 

U.S. District Judge Jamel Semper wrote in a 41-page ruling that McIver failed to show the prosecution was vindictive and that her actions were “wholly disconnected” from her oversight role as a member of Congress. 

“Defendant has not met her burden of establishing that her predominant purpose in physically opposing the Mayor’s arrest was to conduct oversight or gather information for a legislative purpose. No genuine legislative purpose was advanced by Defendant’s alleged conduct,” Semper wrote.

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Samper did not reach a decision on the congresswoman’s motion to toss the charges.

“From the beginning, this case has been about trying to intimidate me, stop me from doing oversight and keep me from doing my job,” McIver said in a statement. “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,” she added. “This case is not over. I am committed to protecting my community, our people and our country.”

McIver has pleaded not guilty to the charges against her — three counts of assaulting, resisting, impeding and interfering with federal officials. She has pleaded not guilty.  

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She has maintained that the prosecution is part of a retaliation campaign by the Trump administration.

“It is clear this administration is treating Congresswoman McIver’s actions differently than the actions of those who are on their side,” McIver’s attorney, Paul Fishman, said in a statement. 

McIver was among several elected officials, including Newark Mayor Ras Baraka, who attempted to visit the Delaney Hall detention center, a 1,000-bed facility, in Newark May 9. The officials were attempting to inspect the facility. 

Baraka was arrested by federal agents while trying to gain access. McIver was among several people jostling in the crowd of people around Baraka as it happened.

Prosecutors claim McIver “slammed” her forearm into an agent and placed her arms around the mayor to try to stop his arrest.