A judge on Thursday rejected a request to dismiss the criminal case against U.S. Rep. LaMonica McIver, D-N.J., who faces charges of assaulting federal agents during a visit to a New Jersey immigration detention center earlier this year.
U.S. District Judge Jamel Semper stated in a 41-page ruling that McIver did not demonstrate the prosecution was vindictive or that her actions were “wholly disconnected” from her oversight duties as a member of Congress.
“Defendant has not satisfied her burden of proving that her primary aim in physically resisting the Mayor’s arrest was to conduct oversight or collect information for a legislative purpose. No legitimate legislative purpose was furthered by Defendant’s alleged conduct,” Semper wrote.
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Semper did not make a determination on the congresswoman’s request to drop the charges.
“From the start, this case has been about trying to intimidate me, prevent me from conducting oversight, and stop me from doing my job,” McIver said in a statement. “It will not work. I will continue to stand up to protect people, and the court’s rejection of my motions does not alter that fact.”
“I am not solely fighting for myself, and I am concerned that this decision will only embolden the administration,” she added. “This case is not concluded. I am dedicated to protecting my community, our people, and our country.”
McIver has entered a not guilty plea to the charges against her, which include three counts of assaulting, resisting, impeding, and interfering with federal officials. She has denied any wrongdoing.
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She has asserted that the prosecution is part of a retaliatory effort by the Trump administration.
“It is evident that this administration is treating Congresswoman McIver’s actions differently than the actions of those who are on their side,” McIver’s attorney, Paul Fishman, said in a statement.
McIver was among a group of elected officials, including Newark Mayor Ras Baraka, who sought to visit the Delaney Hall detention center, a 1,000-bed facility in Newark, on May 9. The officials were attempting to inspect the facility.
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Baraka was taken into custody by federal agents while attempting to gain entry. McIver was among several individuals jostling in the crowd surrounding Baraka as it occurred.
Prosecutors allege that McIver “slammed” her forearm into an agent and wrapped her arms around the mayor in an attempt to halt his arrest.
