Judge rejects Rep. LaMonica McIver’s bid to dismiss assault charge

by Sophie Nieto-Munoz, New Jersey Monitor

A federal judge on Monday declined to dismiss one of three criminal charges facing Rep. LaMonica McIver, a Democratic congresswoman who is accused of assaulting federal agents outside a Newark immigration detention facility last year.

The decision comes nearly two months after the same judge denied McIver’s pretrial motions to dismiss the other two charges. McIver has filed notice that she is appealing the earlier order.

In the new, eight-page decision, U.S. District Court Judge Jamel K. Semper rejects McIver’s arguments that her actions are shielded by the U.S. Constitution’s speech or debate clause, which protects lawmakers from prosecution for official legislative actions.

McIver has argued that she was at the migrant jail, Delaney Hall, on the day in question to perform oversight duties and cannot be charged with a crime for what transpired during the visit.

“The Court cannot find that Defendant’s alleged conduct was legislative in nature,” Semper wrote. “Her conduct was not tied to potential legislation or any other policy-making purpose.”

McIver is accused of assaulting officers during the chaotic scene that unfolded outside Delaney Hall on May 9 when agents moved to arrest Newark Mayor Ras Baraka for trespassing (a charge that was later dropped). Prosecutors later charged McIver, alleging she shoved officers as they detained Baraka.

McIver was indicted on three counts. Semper in November allowed counts one and three to move forward, but said he needed to learn more facts before deciding whether count two should be dismissed.

Monday’s ruling says Semper initially believed that the officer at the center of count two’s allegations initiated contact with McIver by preventing her from entering Delaney Hall’s property. But video later introduced as evidence shows McIver initiated physical contact with the officer, according to the ruling.

McIver, who joined Congress in 2024, pleaded not guilty in June and last week said she plans to appeal Semper’s earlier ruling on her motions to dismiss the charges. She faces up to 17 years in prison if convicted on all three counts.

Her office did not immediately respond to a request for comment.

“From the beginning, I’ve fought back against this administration’s cruelty and attempts to silence dissent—this appeal is the next step in the fight. The Trump administration’s case is dangerous, baseless, and designed to stop me from doing my job. I won’t,” she said in a statement last week.