TRENTON, N.J. – In a significant legal ruling, a federal judge has upheld the prosecution against Democratic Rep. LaMonica McIver, denying her motions to dismiss charges stemming from an incident at a Newark immigration detention center earlier this year.
U.S. District Judge Jamel Semper stated on Thursday that McIver's claims of constitutional legislative immunity and selective prosecution hold no merit. The charges arise from McIver's actions during a protest outside Delaney Hall, where she allegedly assaulted acting U.S. Attorney Alina Habba's federal agents.
McIver’s argument centered on her assertion that her visit to the detention center was legitimate oversight as a member of Congress. Semper countered that there was insufficient evidence to support her claim of vindictive prosecution, emphasizing that her actions were 'wholly disconnected' from her legislative duties.
The ongoing case represents a notable clash between a former Trump administration lawyer, Habba, and a vocal critic of President Trump's policies. McIver continues to defend her innocence, having pleaded not guilty to three counts that include assaulting federal officials.
Furthermore, the judge declined to make a ruling immediately on aspects of the prosecution, leaving the congresswoman in a complex legal battle as she also seeks to advance her political career.
Video evidence from the Department of Homeland Security shows McIver in a crowded protest scene, during which she allegedly pushed against federal officials and attempted to intervene during Newark Mayor Ras Baraka's arrest. The proceedings are a clear indication of the tensions surrounding immigration policy and oversight roles amidst a politically charged environment.
