A federal judge has refused to dismiss the criminal charges against U.S. Rep. LaMonica McIver, D-N.J., who is accused of assaulting federal agents during a visit to a New Jersey immigration detention facility earlier this year.
In a 41-page opinion issued Thursday, U.S. District Judge Jamel Semper ruled that McIver did not prove that the case against her was driven by political retaliation, nor that her confrontations with agents were part of a legitimate congressional oversight effort.
“Defendant has not met her burden of establishing that her predominant purpose in physically opposing the Mayor’s arrest was to conduct oversight or gather information for a legislative purpose,” Semper wrote. “No genuine legislative purpose was advanced by Defendant’s alleged conduct.”
The judge has not yet ruled on a separate motion to dismiss the charges.
McIver strongly pushed back in a statement, saying the case was designed to silence her and discourage congressional scrutiny.
“From the beginning, this case has been about trying to intimidate me, stop me from doing oversight and keep me from doing my job,” she said. “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.”
She added that the decision could embolden the administration, warning, “This case is not over. I am committed to protecting my community, our people and our country.”
McIver has pleaded not guilty to three counts of assaulting, resisting, impeding, and interfering with federal officers.
Her attorney, Paul Fishman, argued that the charges reflect unequal treatment based on political differences.
McIver was among several New Jersey officials — including Newark Mayor Ras Baraka — who attempted to tour the Delaney Hall detention facility in Newark on May 9 as part of an unannounced inspection.
During the visit, federal agents arrested Baraka at the entrance. Prosecutors allege that McIver pushed her forearm into a federal officer and wrapped her arms around the mayor in an attempt to prevent the arrest.
