The Department of Justice may proceed with its prosecution against New Jersey Democratic Rep. Lamonica McIver, according to a decision made by U.S. District Judge Jamel Semper.Following her detention and assault charges for “forcible impeding and interfering with federal officers” while visiting a U.S. location, the lawmaker had sought to have her case dismissed earlier this year in an Immigration and Customs Enforcement (ICE) facility in New Jersey.Congresswoman McIver asserted that her acts were “protected by the Constitution’s protection against arrest or prosecution while engaged in legislative business” and that they were “part of her lawful oversight duties as a member of Congress.”
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The judge said Representative McIver could not claim legislative immunity for all her actions, though he found one of the charges against her to be covered under Congress’ “Speech and Debate” privilege. The congresswoman did not prove that the prosecution by President Trump’s administration is “vindictive,” according to Judge Semper.
McIver (D-N.J.) was charged with assaulting federal immigration officers during a congressional visit to the Delaney Hall immigrant detention center in Newark. She has pleaded not guilty and faces up to 17 years in prison if convicted.
McIver argued that the charges violate the Constitution’s Speech or Debate Clause and are politically motivated, though she was seen on video physically pushing and striking a federal ICE agent.
After the May incident, the Department of Homeland Security (DHS) issued several statements and social media posts criticizing Rep. McIver and other Democratic lawmakers who visited the Delaney Hall facility that day.
In response, McIver’s legal team filed a motion seeking to prohibit the government from making what they described as “extrajudicial statements” that could prejudice the ongoing legal proceedings, according to the New Jersey Globe. The motion cited eight posts on X and one official press release as examples, Newsweek reported.
“As of this afternoon, the posts referenced in Defense Exhibits N through U have been removed,” U.S. Deputy Attorney General Todd Blanche noted in a legal filing dated October 30, Newsweek reported. “The post referenced in Defense Exhibit V, however, remains available on X.com, as it appears to be controlled by a journalist and private citizen, and the Government lacks the authority to remove the post.”
The development follows a hearing held on October 21, during which Judge Semper heard arguments from both the Department of Justice and McIver’s legal team. At that time, the court directed the government to remove the posts and provide an update within a week.
However, eight days later, the Department of Justice had not complied, according to a November 6 letter from McIver’s attorney, Lee Cortes, to the judge, Newsweek added.
” … [E]ven with the additional time, DHS again has failed to remove all of the public statements that Congresswoman McIver brought to the government’s and the Court’s attention,” Cortes wrote in the letter.
Cortes went on to ask the court to issue sanctions if the DHS were to post such statements about McIver again.
“DHS has slow-walked the removal of clearly prejudicial statements, issued new ones, and continued to maintain others on its website. Without a further order from the Court, Congresswoman McIver will be forced to continue ‘play[ing] Whac-A-Mole’ with ‘government officials’…saying things that have absolutely no connection to the indictment,” Cortes noted, according to Newsweek.
One of the posts from DHS that was removed stated: “Delaney Hall Detention Center houses the WORST OF THE WORST! This stunt by sanctuary lawmakers puts the safety of our law enforcement agents and detainees at risk.”
Another post referenced McIver: “What happened on May 9 at Delaney Hall was not oversight. It was a political stunt that put the safety of our law enforcement agents, our staff, and our detainees at risk. This behavior was lawless, and it was beneath this body. Members of Congress are not above the law.”
