Overview
- U.S. District Judge Jamel Semper denied Rep. LaMonica McIver’s motions to dismiss two charges and reserved judgment on a third, keeping the prosecution on track.
- A status conference was set for Nov. 20 as the court considers additional evidence on the remaining count.
- McIver was indicted in June on three counts of assaulting, resisting, impeding and interfering with federal officials, including two felonies that carry up to eight years each and a misdemeanor.
- Prosecutors say the May 9 incident at Newark’s Delaney Hall occurred during an attempted arrest of Mayor Ras Baraka; DHS video shows McIver making elbow contact with an officer in a crowded scene, though intent is unclear.
- The judge rejected claims of selective or vindictive prosecution, noting two other lawmakers present were not charged, and the case continues under acting U.S. Attorney Alina Habba, whose appointment faces a pending legal challenge.