Rep. LaMonica McIver appeared in federal court Tuesday to address a three-count indictment accusing her of impeding and interfering with federal officers at an ICE detention facility in Newark, New Jersey, in May. Her defense attorneys argued that the charges are politically motivated, claiming McIver is being selectively prosecuted due to her Democratic affiliation and opposition to the Trump administration. The indictment stems from an incident during a congressional oversight visit, where McIver and other lawmakers were inspecting the facility as part of their duties on the House Homeland Security Committee. McIver’s team has framed the case as part of a broader effort to target progressive lawmakers, describing it as “part of a broader partisan agenda of ending ‘wokeness.’”
Judge Jamel Semper did not rule on McIver’s motion to dismiss the charges but expressed concern over statements posted by the Department of Homeland Security (DHS) online regarding the incident. The judge warned that public social media posts could prejudice a future jury pool, noting that some statements contradicted the indictment and included claims linking the incident to Antifa activity or asserting that McIver trespassed. Prosecutors said that many DHS press releases have already been removed, and they plan to request the removal of remaining posts, including one on the agency’s official X account suggesting that members of Congress “stormed” the facility gate.
The indictment alleges that McIver attempted to physically interfere with the arrest of Newark Mayor Ras Baraka outside the ICE facility. According to prosecutors, McIver “slammed” her forearm into an ICE agent and grabbed him while also striking another officer during a brief scuffle lasting just over a minute. Baraka was removed from the facility and later arrested outside for trespassing alongside protesters, though his charge was subsequently dropped. Surveillance and body camera footage are expected to play a key role in the prosecution if the trial proceeds as scheduled on November 10.
McIver’s defense asserts that her actions were protected under the Constitution’s Speech or Debate Clause because they were performed in the course of official legislative duties. Attorney Paul Fishman argued that any physical contact with federal officers occurred while McIver was conducting her congressional oversight responsibilities. Judge Semper questioned whether an alleged assault outside the facility gate could be considered part of legislative business, signaling potential challenges in applying the Speech or Debate Clause to the incident.
The defense also highlighted what they see as selective enforcement, noting that other Democratic lawmakers present during the May 9 oversight visit were not charged. Fishman claimed McIver was shoved by an ICE agent and caught in a confrontation she did not initiate, suggesting that the prosecution unfairly targeted her due to political bias. He contrasted McIver’s situation with former President Trump’s pardons of individuals charged in the January 6 Capitol riot, arguing that her prosecution reflects inconsistent application of justice along partisan lines.
McIver expressed personal concern about the potential consequences of the indictment, noting on X that prosecutors have indicated she could face up to 17 years in prison. She described the emotional toll of the case, saying it has caused sleepless nights but emphasized the importance of standing up for her constituents and colleagues. Her comments underscored both the high stakes of the legal proceedings and the broader political controversy surrounding the prosecution, as well as the tension between congressional oversight responsibilities and federal law enforcement authority.
