A judge on Thursday denied a motion to dismiss the criminal case against U.S. Rep. LaMonica McIver, D-N.J., who is accused of assaulting federal agents during a visit to an immigration detention center in New Jersey earlier this year.
U.S. District Judge Jamel Semper wrote in a 41-page ruling that McIver failed to show that the plaintiff was vindictive and that her actions were “completely separate” from her oversight role as a member of Congress.
“Defendant has not met her burden to establish that her primary purpose in physically resisting the Mayor’s arrest was to conduct surveillance or gather information for a legislative purpose. No genuine legislative purpose was furthered by Defendant’s alleged conduct,” Semper wrote.
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Samper did not reach a decision on the congressman’s motion to dismiss the charges.
“From the beginning, this case has been about intimidating me, keeping me from supervising, and keeping me from doing my job,” McIver said in a statement. “It won’t work. I will continue to stand up to protect people, and the court’s rejection of my requests does not change that.”
“I am not fighting this fight just for myself, and I fear this decision will only embolden the government,” she added. “This case is not over. I am committed to protecting my community, our people and our country.”
McIver has pleaded not guilty to the charges against her – three counts of assault, resisting, obstructing and interfering with federal officials. She has pleaded not guilty.
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Rep. LaMonica McIver, DN.J., leaves the grounds of the Delaney Hall ICE detention facility in Newark, NJ, on May 9. She is accused of assaulting federal agents at the facility. (AP/Angelina Katsanis)
She has maintained that the prosecution is part of a retaliatory campaign by the Trump administration.
“It is clear that this administration is treating Congressman McIver’s actions differently than the actions of those on their side,” McIver’s attorney, Paul Fishman, said in a statement.
McIver was among a number of elected officials, including Newark Mayor Ras Baraka, who attempted to visit the Delaney Hall Detention Center, a 1,000-bed facility, in Newark on May 9. The officials attempted to inspect the facility.
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Baraka was arrested by federal agents while trying to gain entry. McIver was among the people crowding around Baraka when it happened.
Prosecutors allege McIver “slammed” her forearm into an officer and threw her arms around the mayor in an attempt to stop his arrest.
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