A federal judge allowed the federal prosecution of Rep. LaMonica McIver to proceed Thursday, rejecting her attempt to have the case tossed over claims of vindictiveness by the Trump administration.
U.S. District Judge Jamel Semper, a Biden appointee, also said Ms. McIver generally cannot claim legislative immunity for her actions on the day she clashed with ICE officers at a detention facility in New Jersey.
He did say the New Jersey Democrat can argue that at least one of the charges against her is covered by Congress’ “Speech and Debate” privilege, but said that doesn’t apply to two other charges, which can advance no matter what.
“Defendant has failed to show that her prosecution is vindictive,” Judge Semper ruled.
Ms. McIver was at the detention facility in Newark on May 9 to investigate conditions along with two other members of Congress and Newark Mayor Ras Baraka.
ICE said it mistakenly let the mayor in as part of the congressional delegation. When officers tried to remove him, he objected and was arrested, though the charge was later dropped.
During the confrontation, video captured Ms. McIver with her forearm pushing into an ICE officer.
She was indicted on three charges of assaulting, resisting, impeding and interfering with a federal officer.
Ms. McIver argued her presence at the facility was part of her lawful oversight duties as a member of Congress and so her actions were covered by the Constitution’s protection against arrest or prosecution while engaged in legislative business.
Judge Semper largely rejected that, saying her effort to help Mr. Baraka during the scuffle was not part of her oversight.
But he said the facts surrounding one of the charges, involving Ms. McIver’s clash with an officer as she tried to reenter the facility, are too murky to say whether they are protected. He put off a ruling on that matter.
Ms. McIver also argued she was singled out for prosecution because Mr. Trump and his administration have animus toward her. And she said the government showed leniency to some involved in the Jan. 6, 2021, mob takeover of the U.S. Capitol, proving her case for selective or vindictive prosecution.
Judge Semper rejected those arguments in turn.
He said there’s no concrete evidence of specific animus, and indeed Mr. Trump specifically denied he urged the prosecution.
The judge also said the Jan. 6 events are too different from Ms. McIver’s confrontation. Besides, he said, the Justice Department did undertake a massive investigation, and Mr. Trump’s subsequent pardons don’t undermine that fact.
