A federal judge ruled Thursday that New Jersey Democrat Representative LaMonica McIver must face trial for assaulting a federal law enforcement officer outside an immigration detention facility in Newark.
U.S. District Judge Jamel Semper denied McIver’s demand to drop two of the three charges leveled against her. The judge rejected the Democrat’s claims that the charges were excessive due to a motive of political retribution, and that because she is an elected official she is immune from prosecution, Bloomberg reported.
McIver was charged with assaulting, resisting, and impeding law enforcement officers during a riot at Delaney Hall ICE detention facility in Newark in May.
Department of Homeland Security Secretary Kristi Noem and Acting U.S. Attorney for the District of New Jersey Alina Habba announced the charges, pointing out that that “no one is above the law.”
The incident spurring the charges occurred on May 9 when Reps. McIver, Bonnie Watson Coleman (D-NJ), Robert Menendez (D-NJ), and Newark Mayor Ras Baraka (D) showed up at Delaney Hall to “conduct federal oversight” of the facility and allegedly stormed in and trespassed. Baraka ended up being arrested on a criminal trespass charge.
“After a thorough review of the video footage of Delaney Hall and a full investigation from HSI, the U.S. Attorney for the District of New Jersey had made the determination to charge Congresswoman LaMonica McIver for assaulting, resisting, and impeding law enforcement officers,” Noem wrote in a post on X. “No one is above the law. If any person, regardless of political party, influence or status, assaults a law enforcement officer as we witnessed Congresswoman McIver do, you will be prosecuted to the fullest extent of the law.”
“We thank our brave ICE law enforcement officers for their service to this great nation,” Noem added.
DHS later dismissed Mayor Baraka’s charges.
Noem added that the Democrats’ attack on the facility was unnecessary because she had invited in any official that wanted tour the facility a month before the Democrats assembled for their publicity stunt.
The New Jersey congresswoman was ultimately indicted over her behavior during the stunt.
The indictment includes three counts of assaulting, resisting, impeding, and interfering with federal officials. Habba said two of the counts carry a maximum sentence of up to eight years in prison. The third has a maximum sentence of one year.
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