Rep. LaMonica McIver has appealed a federal judge's decision that lets criminal charges against her proceed, taking the case to the U.S. Court of Appeals for the Third Circuit. She faces three felony counts tied to an alleged confrontation with federal agents outside an ICE detention center in Newark during the arrest of Mayor Ras Baraka. A district judge denied most of McIver's arguments for dismissal, rejecting claims of selective prosecution and most Speech or Debate Clause immunity. McIver returned to the facility and says she will continue oversight while the appeal is pending.
McIver Appeals to 3rd Circuit After Judge Allows Criminal Case to Proceed
Rep. LaMonica McIver (D-N.J.) filed a notice of appeal on Monday after a federal judge declined to dismiss the criminal charges that prosecutors say stem from her May oversight visit to an Immigration and Customs Enforcement (ICE) detention facility in Newark.
The appeal begins the next phase of the dispute at the U.S. Court of Appeals for the Third Circuit, which will consider McIver's arguments in the coming months.
This appeal is for everyone who is standing up to this administration as they try to operate without oversight, silence the people who oppose them, and shut down those who protect the vulnerable, McIver said in a statement. They want to make an example out of me, but I will not let them. I will not be bullied out of doing my job and protecting our communities. Not now, not ever.
McIver faces three felony counts alleging she assaulted, resisted, impeded and otherwise interfered with a federal officer. Prosecutors contend the alleged incident occurred outside the Newark ICE center during the arrest of Newark Mayor Ras Baraka and that agents were obstructed as they carried out their duties.
Federal law authorizes congressional oversight visits to ICE facilities. The Justice Department, however, says McIver's conduct crossed the line from oversight into criminal interference with federal officers.
In November, U.S. District Judge Jamel Semper rejected McIver's motion to dismiss the charges. Semper, a Biden appointee assigned to the case, wrote that McIver had not provided clear evidence that the charges were the result of discriminatory or selective prosecution — a key element of her argument that the case was politically motivated.
Defendant has failed to offer clear evidence that the charges in this case had a discriminatory effect, thus her claims of selective enforcement and prosecution must fail, Semper wrote in his ruling.
The judge also rejected most of McIver's claims of immunity under the Constitution's Speech or Debate Clause, though he reserved a ruling on one of the three counts and left some legal questions open for appeal.
As she prepared and filed her appeal, McIver returned to the Newark ICE facility last week to conduct another oversight visit, saying she would continue her duties despite the pending prosecution.
What Happens Next: The Third Circuit will review whether the district court correctly applied the law on selective prosecution and legislative immunity, and whether the charges may proceed to trial. The appellate review could take several months.
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