Federal Judge Won’t Toss Out Assault Charges Against NJ Rep. LaMonica McIver
A federal judge has refused to dismiss assault charges against New Jersey Rep. LaMonica McIver, who is accused of attacking immigration agents.
Black News 
A federal judge has refused to dismiss assault charges against New Jersey Rep. LaMonica McIver over allegations she assaulted immigration agents outside a private migrant detention facility.
On Nov. 13, U.S. District Judge Jamel Semper declined to dismiss two of the three charges against McIver, the first-term Democrat accused of assaulting federal officers during a chaotic clash outside an immigration detention center in May. Semper held off on ruling on the third, pending more evidence, Politico reported.
“Defendant’s active participation in the alleged conduct removes her acts from the safe harbor of mere oversight,” he wrote in a 41-page opinion. “Lawfully or unlawfully, Defendant actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”
McIver contends the case is politically driven, led by Alina Habba, a former Trump attorney who is now New Jersey’s top federal prosecutor. According to McIver, she’s protected by the Constitution’s “speech or debate” clause, which shields lawmakers from liability for official duties.
Her legal team, maintaining her innocence, has signaled that it will appeal after Judge Semper rejected her claim that the jail visit qualified as protected congressional oversight. Semper, a Biden-appointed judge, also dismissed her argument that Trump’s Justice Department was targeting her with selective or vindictive prosecution due to her being a Democrat.
“Even if a presumption of vindictiveness could be invoked in the pretrial context,” Judge Semper wrote, McIver had “failed to demonstrate that such a presumption is appropriate here.”
McIver voiced disappointment in the ruling, saying her case is yet another example of the Trump administration using legal action to target opponents of the president and his agenda.
“I am not in this fight only for myself, and I am concerned that this decision will simply embolden the administration,” she said.
McIver is charged in a three-count indictment with striking a federal agent with her forearm, forcibly grabbing him, and using her forearms to hit another agent, allegations of physical violence that are rare for a sitting member of Congress. Her attorney, Paul Fishman, said McIver and her legal team are “evaluating next steps” in response to legal decisions they believe are “wrong.”
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