Rep. LaMonica McIver appeared in federal court Tuesday to continue her fight against a three-count indictment accusing her of impeding and interfering with federal officers at an ICE detention facility in Newark, New Jersey, in May.
Her attorneys argue that she is being selectively and politically targeted because her views conflicted with the Trump administration, according to CNN.
Judge Jamel Semper did not rule on a motion to dismiss the charges but expressed concern about Department of Homeland Security (DHS) statements posted online regarding the incident. The judge warned that “fact-free” social media posts from government officials could prejudice a future jury. Some posts, he noted, included claims inconsistent with the indictment, such as allegations of McIver’s trespassing and ties to Antifa activity.
Prosecutor Mark McCarren said DHS press releases have been removed and pledged to push for remaining posts to be taken down. One post on the official DHS X account suggested that members of Congress “stormed” the facility gate.
McIver, indicted in June, faces charges related to what prosecutors describe as her attempt to physically interfere with the arrest of Newark Mayor Ras Baraka outside the ICE facility. At the time, she was visiting the site with Democratic Reps. Rob Menendez and Bonnie Watson Coleman for an oversight inspection as part of her work on the House Homeland Security Committee.
Defense attorneys claimed ICE officials delayed the lawmakers and obstructed their oversight visit. Baraka was removed from the facility and later arrested outside for trespassing with protesters; the charge was eventually dropped.
Prosecutors allege McIver “slammed” her forearm into an ICE agent and grabbed him, striking another officer while returning inside the secure area. They plan to rely on surveillance and body camera footage of the scuffle, which lasted just over a minute, if the trial proceeds as scheduled on November 10.
McIver’s attorney, Paul Fishman, argued her actions were protected under the Constitution’s Speech or Debate Clause, as they were part of official legislative duties. Judge Semper questioned whether the alleged assault outside the facility gate falls under congressional business.
The defense describes the prosecution as retaliatory and politically motivated, calling it “part of a broader partisan agenda of ending ‘wokeness.’” President Donald Trump has previously commented on the case, saying, “the days of woke are over.”
Fishman contrasted McIver’s case with Trump’s past pardons of January 6 defendants, claiming McIver was charged because she is a Democrat. Semper noted other Democratic lawmakers present during the incident were not charged.
McIver herself expressed concern on X, writing that prosecutors have suggested she could face up to 17 years in prison:
“Hearing prosecutors say I could get 17 years in jail for showing up to do my job, for protecting the people that I represent… it is stressful. Some nights are sleepless, but we have to stand up for each other.”
The case remains ongoing, with both sides preparing for the upcoming trial.
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