A judge has ruled against Rep. LaMonica McIver’s claim of immunity from charges over her interference with operations at an Immigration and Customs Enforcement facility.
The ruling also rejected the New Jersey Democrat’s claim of selective enforcement, which she said was a result of President Donald Trump’s antipathy to her.
She was indicted by a grand jury and pleaded not guilty to counts of assaulting, resisting, impeding and interfering with a federal officer.
The incident triggering the case was at an ICE facility in Newark, N.J., where she and other leftists arrived and demanded to be given access to the facility, because as a member of Congress she was exercising “oversight.”
The charges explain she hit a federal agent with her arm, grabbed him, and struck another agent in a scuffle.
She earlier avoided censure in the House.
But the new ruling keeps alive the case against her.
U.S. District Judge Jamel Semper denied McIver’s motion to dismiss the case. She had claimed vindictive prosecution and immunity under the Constitution’s Speech or Debate Clause for Congress.
“The alleged criminal conduct did not occur during Defendant’s inspection of Delany Hall, instead it occurred during an inexplicable delay of Defendant’s oversight inspection. Although Defendant bears no fault in the delay, her alleged intervention into the Mayor’s questionable arrest had no cognizable connection to any legislative function protected by the Speech or Debate Clause,” the judge ruled.
“Defendant’s active participation in the alleged conduct removes her acts from the safe harbor of mere oversight. Lawfully or unlawfully, Defendant actively engaged in conduct unrelated to her oversight responsibilities and congressional duties,” he wrote.
A leftist legal team claimed that the prosecution now is “a brazen act of political retaliation and a worrying misuse of federal power and resources.”
This after the Joe Biden administration weaponized the CIA, the FBI, and the DOJ against President Trump and brought a long list of different cases against him, going so far as to secretly spy on the telephone records of sitting U.S. senators.
According to the Hill, federal law allows Congress to conduct oversight visits of ICE facilities, but prosecutors said McIver, after arriving, sought to block the arrest of Democrat Newark Mayor Ras Baraka, who is not a lawmaker and was ordered to leave. McIver tried to restrain and ‘slammed her forearm’ into one officer as she and others circled the mayor, the indictment charges.
Judge allows prosecution of New Jersey Democratic Rep McIver on assault charge to proceed https://t.co/vNfIb4cZQy
— John Solomon (@jsolomonReports) November 13, 2025
Yikes!
A federal judge just refused to dismiss assault charges against New Jersey Rep. LaMonica McIver, noting she “actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”
No one is above the law. pic.twitter.com/K5WERgLoKT
— Gina Milan (@ginamilan_) November 13, 2025
JUST IN: Biden Judge Refuses to Toss Federal Criminal Charges Against Democrat Rep. LaMonica McIver https://t.co/I9AxVIHtUu
— The Gateway Pundit (@gatewaypundit) November 13, 2025
