In May of this year, a chaotic scene erupted at a New Jersey ICE detention facility, one that led to the arrest and indictment of a congresswoman from that state.
Now, despite Rep. LaMonica McIver’s attempts to have the charges against her dismissed, U.S. District Judge Jamel Semper last week determined that the lawmaker must stand trial on two of the three counts, reserving judgment on whether a third count will be allowed to stand, as Breitbart reports.
The incident that gave rise to McIver’s current legal troubles unfolded on May 9, when, according to the Department of Justice, the congresswoman “forcibly impeded and interfered with federal officers as they attempted to arrest an individual outside the Delaney Hall Federal Immigration Facility.”
Though McIver and two other members of the lower chamber appeared at the facility to “conduct a congressional oversight inspection,” their presence coincided with a demonstration in protest of the Trump administration's immigration policies.
Newark Mayor Ras Baraka arrived on the scene as well, entering a secured area of the facility, and when a federal officer indicated to him that he was not permitted to be in that part of the building, a dispute ensued.
McIver and her congressional colleagues challenged the officer’s assertions and opposed Baraka’s potential removal from the facility, eventually surrounding the mayor to protect him from arrest.
According to the DOJ, “McIver slammed her forearm into the body of one law enforcement officer and also reached out and tried to restrain that officer by forcibly grabbing him. McIver also used each of her forearms to forcibly strike a second officer,” conduct that led to an indictment on three criminal counts.
In response to the indictment, McIver and her attorneys argued that the prosecution itself was unfair and that she is entitled to protection from the Constitution’s speech and debate clause, as Politico notes, which provides immunity to lawmakers from actions stemming from official duties.
Unfortunately for McIver, Judge Semper disagreed with her characterization of the case and declined to throw out two of the three counts, with a determination on the third count still in abeyance pending receipt of additional evidence.
In a 41-page opinion on McIver’s request, Semper wrote, “Defendant’s active participation in the alleged conduct removes her acts from the safe harbor of mere oversight.”
The opinion continued, “Lawfully or unlawfully, Defendant actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”
The trial in the case was originally slated to start last week, but the judge permitted a postponement of the proceedings, perhaps with the expectation that an appeal of this ruling will follow in short order.
Not surprisingly, McIver was frustrated by the outcome, issuing a statement that said, “I am not in this fight only for myself, and I am concerned that this decision will simply embolden the administration.”
At the time of the initial indictment, Homeland Security Secretary Kristi Noem made the administration’s position clear, stating, “No one is above the law. If any person, regardless of political party, influence or status, assaults a law enforcement officer as we witnessed Congresswoman McIver do, you will be prosecuted to the fullest extent of the law,” and that is a sentiment with which millions surely agree. Whether a conviction ultimately results, however, only time will tell.
