Jonathan Turley: McIver case is evidence Dems have crossed red line 'separating political expression and criminal conduct'

 May 20, 2025

This story was originally published by the WND News Center.

Federal charges are being filed against U.S. Rep. LaMonica McIver, a Democrat from New Jersey, who pushed her way into a melee when protesters were trying to disrupt operations at a detention center run by the Immigration and Customs Enforcement.

Obstruction and interfering are included.

But the situation is just a symptom, more or less, of a bigger agenda by the Democrats, according to constitutional expert Jonathan Turley, a professor at George Washington University who has not only testified before Congress as an expert on the nation's founding law, but has represented members in constitutional disputes in court.

He explained the "new defense" being used by Democrats, from city council to Congress, is that "their official duties include obstructing the official functions of the federal government."

"The latest claimant of this license is Rep. LaMonica McIver (D-NJ), who was charged with assaulting, resisting, and impeding law enforcement officers during a protest at Delaney Hall ICE detention facility in Newark, New Jersey. McIver is shown on video forcing her way into an ICE facility and striking and shoving agents in her path," he said.

He said officials were able to subdue the incursion quickly.

But the messaging from McIver was that she could do what for other citizens would be "trespass and assault" because of her "legislative oversight" privileges as a member of Congress.

Her comments were a reprise of what other Democrats already have demanded.

"Rep. Alexandria Ocacio-Cortez (D., N.Y.) declared 'You lay a finger on someone – on Bonnie Watson Coleman or any of the representatives that were there – you lay a finger on them, we're going to have a problem,'" the report noted.

And Rep. Hakeem Jeffries, D-N.Y., "ominously warned the federal government that Democrats would bring down the house if it tried to charge McIver."

He said, "It's a red line. They know better than to go down that road."

The ACLU insisted that politicians "have every right to exercise their legally authorized oversight responsibilities for expanded immigration detention in New Jersey."

Turley explained Worcester City Councilor Etel Haxhiaj, in a video shoving and obstructing ICE officers, also claimed to be protecting a constituent.

"Even judges are claiming the same license. In Wisconsin, Judge Hannah Dugan has been charged with obstructing a federal arrest of an illegal immigrant who appeared in her courtroom. Dugan heard about agents waiting outside in the hallway to arrest the man and went outside to confront the agents. She told them to speak to the Chief Judge and that they needed a different warrant. The agents complied and the Chief Judge confirmed that they could conduct the arrest. In the interim, however, Dugan led the man out a non-public door and facilitated his escape."

The fault in making the "oversight" claim is that the law does not allow even members of Congress to have unauthorized access to secure federal facilities. Members of Congress can subpoena the executive branch, or get a court order, but they "do not have immunity from criminal laws in unilaterally forcing their way into any federal office or agency."

Another fight on the same battlefield is the vandalism being done to Tesla vehicles, because company owner Elon Musk is working with President Donald Trump.

"When the administration sought to investigate those burning Teslas and dealerships, Rep. Dan Goldman (D., N.Y.) denounced it as a 'political weaponization' of the legal system. The comments suggest that such arson is somehow a form of political expression on the left," Turley noted,

He explained Jeffries cited the crossing of a "red line."

The "red line" actually crossed, however, is the one "separating political expression and criminal conduct," he said.

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