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Rep. LaMonica McIver Appeals Ruling Keeping ICE Facility Assault Case Alive

The appeal contests a judge’s refusal to throw out charges tied to a scuffle outside a Newark immigration detention site.

Overview

  • U.S. District Judge Jamel Semper denied Rep. LaMonica McIver’s motions to dismiss on vindictive prosecution grounds and under the Speech or Debate Clause for two of three counts.
  • The judge reserved ruling on the remaining count pending further evidence as the case proceeds in federal court.
  • McIver said she will take her challenge to the U.S. Court of Appeals for the Third Circuit and called the Justice Department’s case baseless and dangerous.
  • Prosecutors allege McIver struck and impeded federal officers during an attempted inspection at an ICE facility; she was indicted in June and pleaded not guilty to three counts.
  • A House censure effort over the incident failed after five Republicans joined Democrats, and the acting U.S. attorney who initially brought the case resigned following judicial findings about her unlawful appointment.