The halls of justice in New Jersey took an alarming turn this week when Acting U.S. Attorney Alina Habba—a personal attorney for President Donald Trump—accused Congresswoman LaMonica McIver of violating a federal law against assault on law enforcement following a chaotic confrontation outside Delaney Hall, a privately-owned facility under contract to hold undocumented immigrants.
Newark Mayor Ras Baraka claimed that Delaney Hall lacks a valid certificate of occupancy and other municipal permits required for any business to operate in the city.
The Department of Homeland Security and Geo Group, the private company that owns the facility and has a multi-million dollar federal contract with U.S. Immigration and Customs Enforcement (ICE) to hold detainees, both insisted that there is a certificate of occupancy but failed to provide copies in response to direct request for the documents submitted by NJTODAY.NEWS
The move has sparked accusations of political retribution, raised grave concerns about the weaponization of law enforcement against elected officials performing their constitutional duties, and ignited a massive fundraising push by Democratic politicians.
The incident unfolded on May 9 when McIver, Baraka, Rep. Rob Menendez, and Rep. Bonnie Watson Coleman sought to inspect Delaney Hall, a controversial ICE detention center accused of operating without proper permits.
What began as a lawful oversight visit—a right explicitly granted to members of Congress—descended into chaos when federal agents arrested Baraka for trespassing, igniting a scuffle. Video footage shows a tense standoff, with McIver and others attempting to intervene as Baraka was taken into custody.
Now, in a starkly one-sided decision, Habba has dropped the misdemeanor charge against Baraka while leveling a federal assault accusation against McIver under 18 U.S. Code § 111(a)(1)—a statute typically reserved for violent interference with law enforcement.
“Today my office has charged Congresswoman McIver with violation of Title 18, United States Code, Section 111(a)(1) for assaulting, impeding and interfering with law enforcement,” said Habba in a social media post.
Notably, no indictment or formal charging documents have been made public, leaving legal experts questioning the validity of the case. The US Attorney’s Office has not responded to a request sent 3 hours ago, for a copy of the indictment or other documents charging McIver with a crime.
McIver, a Newark native and former city council president, insists she was the victim, not the aggressor.
“This administration will never stop me from working for the people in our district and standing up for what is right,” she said, framing the charge as an attempt to criminalize congressional oversight.
Her lawyer, former U.S. Attorney Paul Fishman, called the prosecution “spectacularly inappropriate” and accused ICE of escalating a situation that should have remained peaceful.
The timing raises further suspicion. Habba, a Trump loyalist installed just months ago, has already launched investigations into New Jersey Gov. Phil Murphy and state Attorney General Matt Platkin over immigration policies.
Habba, who received sanctions and judicial reprimands while representing Trump
In January 2024, Habba faced sharp criticism from U.S. District Judge Lewis A. Kaplan while representing Trump in the high-profile defamation case brought by writer E. Jean Carroll, who was sexual assaulted by Trump. During the trial, the judge repeatedly chastised her courtroom behavior, at one point threatening Habba with jail time. Trump was ultimately found liable and ordered to pay over $80 million.
Habba has faced other professional setbacks, including a nearly $1 million sanction from a Florida judge in 2023 for filing a baseless lawsuit against Hillary Clinton and federal officials. She drew further criticism for courtroom conduct in Trump’s civil business fraud case, and was sanctioned again before Trump was ordered to pay $450 million in penalties.
Despite not having a formal role in Trump’s criminal trial, in which he was convicted on 34 felony counts, Habba frequently appeared at the courthouse and publicly advocated on his behalf.
She has had some legal success, helping Trump defeat lawsuits brought by his niece Mary Trump and former reality TV contestant Summer Zervos, but has come under fire for controversial remarks about veteran federal workers.
Her qualifications are being questioned as she serves as interim U.S. attorney—a position typically held by experienced prosecutors—while Habba’s appointment reflects Trump’s break from selecting qualified personnel for federal jobs.
Now, she targets a freshman Democratic congresswoman, while Trump’s Homeland Security Secretary, Kristi Noem, cheers the move on social media, declaring, “No one is above the law.”
Yet the hypocrisy is glaring.
Where was this zeal when 1,500 January 6 rioters—many of whom brutally assaulted police—received presidential pardons? Why is a sitting congresswoman facing prosecution for a shoving match during an oversight visit, while those who stormed the Capitol walk free?
Progressive advocate Lisa McCormick was among the first to question the legitimacy of Habba’s announcement.
“This isn’t an indictment—it’s a social media press release,” McCormick noted. “If there’s no grand jury, no formal charges, then this is just political theater designed to intimidate.”
“There aren’t any public charging documents in the case yet, which would be unusual unless you consider that Habba is acting more as a carnival show barker here than a federal prosecutor,” said New Jersey Monitor Editor-in-Chief Terrence T. McDonald. “Considering the weakness of her case against Baraka — video shows the mayor was invited onto the property of the migrant jail by officers guarding it, not generally what happens when someone is trespassing — I wouldn’t be surprised if this is part of Habba’s shoot-first-ask-questions-later method of law enforcement.”
The implications are chilling. If the executive branch can prosecute legislators for clashes during oversight visits, the balance of power—enshrined in the Constitution’s Speech or Debate Clause—crumbles. “An attack on one of us is an attack on the American people,” warned House Democratic Leader Hakeem Jeffries, vowing a fierce response.
There are 532 days until the midterm elections, but Trump has agreed to pay $5 million to the family of the terrorist shot and killed by Capitol Police as she attempted to break into the House Speaker’s lobby on Jan. 6, 2021, and started arresting members of Congress.
As this case unfolds, one question looms: Is this justice—or is it a warning shot to anyone who dares challenge this administration’s agenda?
The answer may determine not just McIver’s fate, but the future of congressional oversight and possibly democracy itself.