Rep. LaMonica McIver (D-N.J.) has asked a federal court to dismiss felony charges against her, invoking former President Donald Trump’s pardons of Jan. 6 rioters and claiming constitutional immunity for her official duties.
McIver, indicted in June on three counts of “forcibly impeding” officers outside an Immigration and Customs Enforcement (ICE) facility in Newark earlier this year, faces up to 17 years in prison if convicted. She is the first sitting lawmaker to be criminally prosecuted under the Trump administration. McIver has pleaded not guilty.
In filings last week, McIver argued that the Department of Justice is engaging in “unconstitutional differential treatment” by prosecuting her while dropping more than 160 similar cases stemming from assaults on federal officers during the Jan. 6, 2021, Capitol attack. “It is all about politics and partisanship,” her legal team wrote.
McIver’s attorneys also cited the Speech and Debate Clause and the Supreme Court’s ruling in U.S. v. Trump, which granted presidents immunity for official acts. They argue lawmakers must enjoy similar protections. “Congresswoman McIver’s conduct here undoubtedly consisted of official acts entitled to presumptive immunity,” the motion states.
The charges stem from a chaotic incident during an attempted oversight tour of Delaney Hall, an ICE facility, with fellow New Jersey Democrats Reps. Bonnie Watson Coleman and Rob Menendez. Federal law grants members of Congress authority to inspect Homeland Security sites. But the visit spiraled into disorder when federal agents arrested Newark Mayor Ras Baraka (D) for alleged trespassing. The charges against Baraka have since been dismissed.
Body-camera footage obtained by McIver’s team suggests senior Justice Department officials ordered Baraka’s arrest. During the confrontation, McIver allegedly clashed with officers, though her lawyers insist she was shoved by agents in the melee.
McIver has also requested additional body-camera footage and asked a court to compel the Trump administration to delete social media posts she says prejudice her trial.
A judge has set a tentative trial date for Nov. 10, with McIver’s motions to dismiss still pending.
