Rep. LaMonica McIver Asks Appeals Court to Toss DOJ Charges Over Newark Clash
Federal appeals judges appeared skeptical Wednesday as Rep. LaMonica McIver, a New Jersey Democrat, asked them to throw out federal charges tied to a confrontation outside Newark’s Delaney Hall immigration detention facility.
McIver argues she was performing congressional oversight and is protected by the Constitution’s Speech or Debate Clause, which shields lawmakers from being questioned elsewhere for legislative acts. Prosecutors say the case is not about oversight, but about allegations that McIver forcibly impeded federal officers during the attempted arrest of Newark Mayor Ras Baraka.
Subscribe free for daily political analysis they won’t broadcast. Join 110K+ readers →
The legal stakes are larger than one criminal case. A ruling for McIver could strengthen protections for lawmakers conducting oversight of federal agencies. A ruling against her could allow the prosecution to move closer to trial and mark a limit on immunity when oversight visits turn physical.
McIver denies wrongdoing and says the case is politically motivated. Prosecutors say federal officers were performing lawful duties.
Subscribe free for daily political analysis they won’t broadcast. Join 110K+ readers →