Overview
- U.S. District Judge Jamel K. Semper rejected Rep. LaMonica McIver’s bid to dismiss, allowing two counts to go forward and taking more time on a third count, with a status conference set for Nov. 20 and no trial date yet.
- Semper ruled the Speech or Debate Clause does not shield conduct tied to efforts to block Newark Mayor Ras Baraka’s arrest, writing that impeding an arrest falls outside any reasonable definition of legislative oversight.
- The judge also denied claims of selective or vindictive prosecution, noting Jan. 6 defendants were prosecuted before pardons and that two other lawmakers present were not charged because they did not physically contest the arrest.
- Prosecutors allege McIver slammed her forearm into an agent and grabbed him, while DHS and body‑camera video show contact in a chaotic scene that the judge said included pushing from multiple sides.
- The case is being prosecuted by Acting U.S. Attorney Alina Habba, whose appointment is under separate appellate challenge with arguments heard and a decision pending.