Judge allows prosecution of New Jersey Democratic Rep McIver on assault charge to proceed

A federal judge on Thursday allowed the prosecution of New Jersey Democratic Rep. LaMonica McIver on an assault charge to proceed.

McIver sought a dismissal of her case, claiming that the Trump administration is selectively and vindictively prosecuting her for allegedly assaulting agents while at an immigration facility in May, The Hill news outlet reported.

U.S. District Judge Jamel Semper, a Biden appointee, denied the dismissal that McIver requested. She has pleaded not guilty.

“Defendant has failed to offer clear evidence that the charges in this case had a discriminatory effect, thus her claims of selective enforcement and prosecution must fail,” Semper wrote.

The judge's ruling largely rejected McIver’s arguments that she is immune under the Constitution’s Speech and Debate Clause, which protects lawmakers for what they say or do as part of their legislative activities. Semper said that he would rule on the defense later for one of the three counts. 

“I am disappointed in today’s decision,” McIver said in a statement. “From the beginning, this case has been about trying to intimidate me, stop me from doing oversight, and keep me from doing my job. It will not work.”

“I will keep standing up to protect people, and the court’s denial of my motions does not change that fact. I am not in this fight only for myself, and I am concerned that this decision will simply embolden the administration. This case is not over. I am committed to protecting my community, our people, and our country,” she added.

Acting U.S. Attorney for the District of New Jersey, Alina Habba, indicted McIver over a scuffle with a federal agent when she visited Delaney Hall in May. U.S. Immigration and Customs Enforcement uses the privately-owned facility in Newark, N.J., as a detention center.

According to federal prosecutors, McIve allegedly sought to block the arrest of Newark Mayor Ras Baraka (D), after he was ordered to leave. McIver allegedly tried to restrain and “slammed her forearm” into one officer as she and others circled the mayor, according to the indictment.

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

Semper set the next hearing in the case for Nov. 20.