Home Democrat LaMonica McIver is utilizing President Donald Trump’s personal authorized arguments to combat again in opposition to his administration’s vengeful prosecution.
The New Jersey lawmaker—indicted in June on expenses that she “forcibly impeded” federal immigration officers exterior a New Jersey detention facility—is asking a choose to dismiss the case. Her legal professionals argue that the identical Supreme Court docket ruling that granted Trump sweeping presidential immunity ought to apply to her as effectively.
In a movement filed Tuesday, McIver’s legal professionals argued the indictment ought to be dismissed underneath “legislative immunity,” citing the 2024 determination that gave Trump absolute safety for his “official acts.” The justices didn’t outline precisely what qualifies as an “official act,” as a substitute sending the case again to decrease courts to kind it out—a ruling her legal professionals say opens the door for members of Congress to say comparable protections.
Congresswoman LaMonica McIver, D-N.J., exits the grounds of Newark’s Delaney Corridor ICE detention facility on Could 9.
“Putting Congresswoman McIver on trial for exercising her constitutionally and statutorily vested duties … would deter other Members from conducting legitimate oversight,” they wrote, in line with Politico Playbook.
The case stems from a tense confrontation at Delaney Corridor in Newark this previous Could. Video footage reveals McIver being shoved by an ICE agent earlier than she pushed again amid a chaotic protest. Federal prosecutors later accused her of assaulting and obstructing officers throughout a go to with Newark Mayor Ras Baraka, who was additionally arrested however later had expenses in opposition to him dropped.
McIver pleaded not responsible and faces as much as 17 years in jail if convicted on all counts. She appeared in courtroom on Tuesday as a choose started listening to arguments on whether or not to dismiss the indictment. As of press time, no ruling had been issued.
Because the proceedings continued, U.S. District Choose Jamel Semper ordered the Trump administration to take away a number of “prejudicial” social media posts from the Division of Homeland Safety’s official social media account that described McIver’s go to to the detention heart as “a reckless stunt by sanctuary politicians.” He additionally directed prosecutors to offer extra video proof that her protection workforce stated had not been turned over.
Outdoors the courthouse, supporters rallied in her protection, accusing the Trump administration of weaponizing the Justice Division in opposition to political opponents.
McIver, who received a full time period in November 2024 after a particular election victory two months earlier, has framed the prosecution as political retribution aimed toward silencing dissent over President Donald Trump’s hard-line immigration agenda.
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The indictment itself is uncommon: a sitting member of Congress charged not with corruption or monetary crimes, however with bodily confronting federal brokers. It additionally represents the newest flashpoint in Trump’s ongoing conflict with Democrats who’ve opposed his immigration crackdowns.
McIver will not be the one official testing the boundaries of the immunity precedent. In Milwaukee, a neighborhood choose charged with allegedly shielding an undocumented immigrant from ICE arrest had additionally invoked the Supreme Court docket ruling.
For McIver, the stakes are significantly excessive. Members of Congress can not settle for professional bono authorized assist, in line with Politico, which means an prolonged courtroom battle might be financially devastating. Democrats have warned that prosecutions like hers, even when finally unsuccessful, may chill congressional oversight.
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This isn’t McIver’s first run-in with Republican retaliation. In September, Home Democrats—joined by a number of GOP members—blocked an effort to censure her and take away her from the Homeland Safety Committee. Rep. Clay Higgins of Louisiana argued that it was a “significant conflict of interest” for McIver to serve on a panel overseeing ICE whereas dealing with associated expenses.
Whether or not McIver’s immunity argument succeeds stays to be seen. For now, she’s betting that the identical authorized protect Trump fought for—and received—can defend her, too.
