Federal Judge Declines to Dismiss Charges Against LaMonica McIver Over Alleged Assault on Immigration Officer

A federal judge in New Jersey on Thursday rejected Rep. LaMonica McIver’s attempt to dismiss charges the Trump administration brought against her following a scuffle with immigration officers in May.

McIver had asked the Biden-appointed district judge, Jamel Semper, to dismiss the case in August, arguing that her actions were protected by legislative immunity and that the government was unfairly targeting her because she has been outspoken about her opposition to President Donald Trump’s policies.

Semper disagreed with McIver.

The judge said that the visit from McIver and two other members of Congress — Reps. Rob Menendez and Bonnie Watson Coleman — to inspect an Immigration and Customs Enforcement detention center in New Jersey was an act of legislative oversight. But McIver’s alleged involvement in trying to prevent Newark Mayor Ras Baraka from being arrested was not oversight and therefore not subject to legislative immunity, the judge concluded.

McIver’s “active participation in the alleged conduct removes her acts from the safe harbor of mere oversight,” Semper wrote in his opinion. “Lawfully or unlawfully, Defendant actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”

“Impeding an arrest, whether lawful or unlawful, goes beyond any reasonable definition of oversight and, accordingly, exceeds the safe harbor of legislative immunity,” Semper continued.

Thursday’s decision solely means that the case will continue, not that McIver has been found guilty of the charges brought against her for alleged assault and interfering with federal officers. Semper refused to toss two of the three counts, adding that he was reserving judgment on the third until he sees more evidence.

Semper ordered a status conference between the parties involved on Nov. 20 to discuss the ongoing case.

Semper also rejected McIver’s claim that the Trump administration was being “unconstitutionally selective” by prosecuting her. The congresswoman’s attorneys had argued that because the federal government had dismissed similar charges against Jan. 6 rioters, it could not “pursue charges against her because she is a Democrat who conducts oversight of Executive Branch immigration policy.”

But Semper ruled that she could not compare herself to Jan. 6 rioters because they were “in fact prosecuted by DOJ before receiving pardons for their crimes.”

“Because defendant has not demonstrated that similarly situated individuals were not prosecuted, arrested, or otherwise investigated, her selective enforcement and prosecution claims fail,” the judge wrote.

Semper said the congresswoman’s arguments about being targeted for opposing Trump’s policies were “undermined” by the fact that the administration did not charge the other two members of Congress who were present.

Video from the scene shows that Menendez and Watson Coleman “were also in close proximity to the Mayor and also advocated on his behalf, but did not physically contest his arrest,” Semper said. “Defendant has failed to show that her prosecution is vindictive.”

The Department of Homeland Security declined to comment for this story. The Department of Justice did not immediately respond to NOTUS’ request for comment.

“We are disappointed by the court’s opinion and firmly believe that this indictment should be dismissed based on the Congresswoman’s legislative immunity and because she is being selectively and vindictively prosecuted,” Hanna Rumsey, McIver’s communications director, told NOTUS in a statement.

“This is about how the administration wants to use criminal charges to target political opponents who dare conduct oversight of their activities,” Rumsey continued. “Congresswoman McIver was doing her job at Delaney Hall, and for that she has been targeted, burdened with wildly expensive and time-consuming litigation, and is facing the threat of 17 years in prison. We will fight this case until the end.”

The ruling is likely to alarm House Democrats who have accused the Trump administration of targeting the president’s political opponents. The administration has cracked down on protesters against its deportation policy, including by prosecuting Illinois congressional candidate Kat Abughazaleh for allegedly assaulting an immigration agent during a demonstration. (She has denied wrongdoing.)

Several lawmakers have previously told NOTUS that McIver’s case prompted them to get liability insurance to protect themselves. At the time, Rep. Eric Swalwell said that since “Trump is prosecuting his political enemies … it’s better to be prepared.”

House Democrats have also said they don’t believe they can trust the Justice Department to protect them from violent threats, again citing McIver’s prosecution as an example of what they say is administration officials going after the president’s enemies.

This article has been updated with a comment from McIver’s communications director.