Posted on 01/06/2026 11:17:15 AM PST by Twotone
A federal judge on Monday declined to dismiss a final assault charge against New Jersey Democratic Rep. LaMonica McIver that was tied to a visit she made to an Immigration and Customs Enforcement migrant detention facility last year.
McIver last month appealed an earlier failed attempt to get two of the charges dismissed, which came after she was involved in a scuffle with a federal agent when she visited Delaney Hall in Newark last May.
The New Jersey Democrat has attempted to argue that her actions were protected by the Constitution’s Speech and Debate Clause, which protects lawmakers from prosecution for official legislative actions.
U.S. District Court Judge Jamel Semper ruled that McIver's actions were not protected by the clause because her visit was tied to her oversight duties and was not legislative.
“The Court cannot find that Defendant’s alleged conduct was legislative in nature,” Semper wrote in an 8-page ruling. “Her conduct was not tied to potential legislation or any other policy-making purpose.”
McIver has pleaded not guilty to the charges and has accused the federal government of selectively prosecuting her for political reasons. She is expected to appeal Monday's ruling in the 3rd U.S. Circuit Court of Appeals.
The Democrat faces up to 17-years in prison if convicted on all three counts, according to the New Jersey Monitor.
I am surprised that the judge did not let her off.
The sooner this person is put in the gray bar hotel the better. Preferable she should be held without bond until her trial.
Yes, but its still frustrating that these case are drug out for years. Start the trial already.
The speech and debate clause protects speech and debate only in the actual Senate and House chambers.
Me too, the judges have become leftist activists just like Democrat officials.
“ McIver has pleaded not guilty to the charges and has accused the federal government of selectively prosecuting her for political reasons.”
Welcome to the party, pal.
But seriously, she expects to be exempt from charges after she shoves her big body against LEO??
I suspect someone made it clear to the judge that if this perp isn't charged, there would be an outbreak of blue flu among the law enforcement ranks that protect courtrooms.
She and Milwaukee’s Hannah Banana Duggan can get together and run a Street Taco Gut Truck at a strip mall parking lot.
So, if there was a recognizable legislative purpose for her to be there, it would be “just fine” for her to assault a DoCorrections employee?
When she tried to puh her way into a federal detention facility she violated the law (18 U.S.C. § 1752 Restricted Buildings or Grounds) as a citizen and not as a federal representative because that’s considered a violent act. And if phone calls had been made, they probably would have escorted her in and given her a tour of the facility.
Trying to force entry into a federal facility is a serious federal crime for disrupting government functions or illegally entering, and can also involve trespassing laws, obstruction of justice, and potentially charges for destruction of property, leading to substantial fines and lengthy prison sentences, even up to 10 years or more for felonies, depending on intent and actions, according to the U.S. Code and Department of Justice resources.
I’m sure they will sweep this one as it is not a high profile crime and they’ll consider it a no harm no foul. But she did violate the law and should be held accountable. Would love to see her get to throw some dime but she’d used taxpayer funds to do it or get a web site begging. She tried to bluff and got called on it. She’s lucky they didn’t put her on the ground with a dog at her nose.
wy69
In other court news, the Supreme Court has set an opinion day for this Friday.
Tariffs case possible?
The judge was just getting rid of the motion on the most obvious basis available. There is no negative pregnant that assault could ever be legislative speech.
Glad to see the charge was not dismissed.
Don’t you know who I am?
Nope. Back off or be arrested.
Why is this so hard to understand?
EC
Even more surprising when you see that Judge Jamel is a Biden Appointee.
The Judiciary has claimed whatever power of the Executive branch that the Legislature has not already stolen.
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