Judge rejects bid to toss charges against Rep. McIver
Newark, NJ – A federal judge on Thursday refused to dismiss the criminal case against U.S. Rep. LaMonica McIver, denying her claim that prosecutors acted with vindictiveness.
U.S. District Judge Jamel Semper ruled that McIver did not demonstrate that her conduct at a New Jersey immigration detention center was tied to legitimate congressional oversight.
Semper wrote that McIver’s alleged physical interference during the incident was unconnected to any legislative purpose.
McIver is charged with three counts of assaulting, resisting, impeding and interfering with federal officials stemming from a May visit to the Delaney Hall detention center in Newark.
Key Points
- Judge says McIver failed to show prosecution was retaliatory
- Ruling states alleged actions were separate from legislative oversight
- McIver maintains the case aims to intimidate her and impede her work
McIver has pleaded not guilty to all counts and continues to contest the allegations, which stem from an encounter with federal agents during a facility tour.
He wrote that no legislative objective was served by McIver’s alleged attempts to physically oppose the arrest of a local official during the visit.
Prosecutors argued that McIver disrupted an enforcement action and disregarded instructions from agents assigned to the facility.
The ruling does not decide the congresswoman’s separate request to dismiss the charges on additional grounds, which remains pending before the court.
McIver responded to the decision by stating that the case represents an effort to deter her from performing her responsibilities.
She added that she will continue to oppose the charges and expressed concern that the ruling could embolden federal agencies.
Federal court records show that no trial date has been set as motions continue to move through the docket.
The case centers on an incident during a scheduled facility tour for McIver and local officials, during which agents attempted to detain the mayor present at the time.
McIver maintains that her actions were part of her role as a representative for constituents concerned about conditions at the detention center.