A federal grand jury has indicted U.S. Rep. LaMonica McIver (D-N.J.) on two felony counts and one misdemeanor charge related to a physical altercation with federal officers outside a Newark immigration detention facility.
The incident occurred on May 9 at Delaney Hall, during what was described as a congressional oversight visit. McIver was joined by several Democratic colleagues and Newark Mayor Ras Baraka.
According to the U.S. Attorney’s Office for the District of New Jersey, McIver allegedly struck two federal officers — once with her forearm and again while attempting to block the arrest of Mayor Baraka. Baraka had entered a restricted area without authorization. He was briefly detained for trespassing, but the charges were later dropped.
As The Washington Post reports:
Video released by the Department of Homeland Security showed McIver rushing after the agents as they tried to arrest Baraka outside the facility’s gates and shouting to protesters outside to “surround the mayor.” At one point, McIver’s elbows appear to make contact with a masked officer amid the crush of the crowd.
The two other members of Congress have not been charged.
Habba and McIver havepublicly said that prosecutors tried to reach a resolution with McIver without pressing charges but were not successful, though neither provided details.
“The Justice Department and Alina Habba wanted me to admit to doing something that I did not do, and I was not going to do that,” McIver said on CNN last month. “I came here to do my job and conduct an oversight visit, and they wanted me to say something differently, and I’m not doing that.”
Federal prosecutors claim McIver’s actions constituted assault and obstruction of federal officers in the performance of their duties.
McIver has denied the allegations, claiming the charges are politically motivated and amount to intimidation over her work on immigration oversight. Her attorney, Paul J. Fishman, called the case “political retaliation against a dedicated public servant who refuses to shy away from her oversight responsibilities” and vowed to prove her innocence in court.
Fishman previously served as U.S. attorney for the District of New Jersey from 2009 to 2017.
The case is unusual. Criminal indictments of sitting members of Congress are rare — especially ones that don’t involve financial misconduct or corruption. This case centers instead on conduct during an official visit tied to immigration enforcement.
Legal experts say the indictment could reignite debate over how much leeway lawmakers have in conducting oversight of federal agencies, particularly those involving immigration detention practices.
An arraignment date for McIver has not yet been set. If convicted, she faces up to eight years in prison for each felony count, and up to one year for the misdemeanor.
