NJ Rep. LaMonica McIver's request to dismiss assault charges is denied by federal judge

• A federal judge denied the congresswoman's request to scuttle her indictment based on legislative immunity.

A federal judge denied one of two motions to dismiss an indictment accusing Rep. LaMonica McIver of assaulting and obstructing Department of Homeland Security and ICE agents at the Delaney Hall immigration detention center after the chaotic arrest of Newark Mayor Ras Baraka on May 9.

Judge Jamel Semper of the District Court of New Jersey ruled against McIver's request to scuttle the indictment based on arguments that her prosecution was selective and vindictive, targeting the lawmaker for her outspoken views against the federal government's immigration enforcement policies and procedures.

On a second motion to dismiss the case based on McIver's immunity as a government official who was exercising her legislative oversight duties, Semper chose to uphold two of the counts in her three-count indictment and will rule on whether to dismiss the remaining count at a later date.

A status conference has been scheduled for Nov. 20, according to Semper's court order.

"From the beginning, this case has been about trying to intimidate me" and "keep me from doing my job," McIver said in a statement posted to her House website on Nov. 13, after Semper issued his rulings.

"It will not work," she added, saying "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."

The U.S. Attorney's Office for the District of New Jersey did not immediately respond to a request for comment.

Semper's rulings do not outline a written opinion on the motions, only stating the counts he has decided to uphold based on oral arguments presented by both sides on Oct. 21, in which McIver's attorneys asked the court to toss the case in whole.

Her lead attorney, Paul Fishman, issued a statement that was also posted to his client's website. Fishman said it was clear the charges were "designed to chill the Congresswoman’s lawful authority to conduct oversight and hold the administration to account," adding that her defense team is "evaluating next steps.”

During the Oct. 21 hearing, Semper questioned Fishman's argument of legislative immunity, challenging the defense as to whether it protects anything McIver may have done while visiting Delaney Hall for the purpose of touring the Newark facility.

"Can we not separate individual acts from one's intent in being there?" Semper asked. Fishman countered that since his client was there to oversee all aspects of the detention center and its operations, the moment she noticed the commotion brewing over Baraka's arrest by Department of Homeland Security agents, she was "obligated to go outside and see what [was] happening."

McIver was indicted May 19 on charges that she assaulted federal agents 10 days earlier during a congressional oversight visit to Delaney Hall with Reps. Rob Menendez and Bonnie Watson Coleman.

The delegation of lawmakers were at the facility to ensure that it was meeting National Detention Standards for migrant detainees, an authority granted to all members of Congress by the 2020 Appropriations Act, which they may exercise without prior notice.

After McIver and her colleagues waited for three hours inside the facility, tumult roiled outside the complex's front gate when agents swarmed Baraka for allegedly trespassing — despite having permitted him to stand on the property until the representatives finished their tour.

The legislators hurried outside upon noticing the melee and went to Baraka's aid. McIver and Watson Coleman attempted to shield Baraka from the arresting agents, to no avail. As agents moved to pull Baraka back inside the gate, a scrum of protesters pressed forward.

Many at the center of the fracas were tossed in every direction by anyone who knocked into them. Video footage shows McIver still grabbing after the mayor, then swinging her bent arms amid the chaos before Menendez pulled her from the fray.

While acting U.S. Attorney for the District of New Jersey Alina Habba later dropped the trespassing charges she had filed against Baraka, Habba instead opted to charge McIver with assaulting, resisting or impeding federal officers during their apprehension of the mayor.

McIver could face up to 17 years behind bars if found guilty on all three counts of the indictment, which accuse her, respectively, of assaulting and impeding two specific agents and a third count for the assault and obstruction of federal agents on-site that day writ large.