Judge rejects Rep. McIver’s bid to toss assault case

A judge on Thursday denied a motion to dismiss the criminal case against U.S. Rep. LaMonica McIver (D-N.J.), who is accused of assaulting federal agents during a visit to an immigrant detention facility in New Jersey earlier this year.

U.S. District Judge Jamel Semper wrote in his 41-page decision that McIver failed to show that the prosecution was motivated by revenge and that his actions were “completely unconnected” to his oversight role as a member of Congress.

“Defendant has failed to meet his burden of establishing that his primary purpose in physically resisting the Mayor’s arrest was to conduct surveillance or gather information for legislative purposes. Defendant’s alleged conduct achieved no actual legislative purpose,” Semper wrote.

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Samper was unable to reach a decision on the congressman’s motion to drop the charges.

“From the beginning, this case has been about trying to intimidate me, prevent me from doing surveillance, and keep me from doing my job,” McIver said in a statement. “This will not work. I will continue to stand up to protect people, and the court’s rejection of my requests does not change that fact.”

“I’m not in this fight just for myself, and I’m concerned that this decision will only embolden the administration,” he added. “This case is not over yet. I am determined to protect my community, our people and our country.”

McIver has pleaded not guilty to three charges of assaulting, resisting, obstructing and interfering with federal officers. He pleaded not guilty.

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Rep. LaMonica McIver, D-N.J., leaves Delaney Hall ICE detention prison in Newark, N.J., on May 9. He is accused of assaulting federal agents at the facility. (AP/Angelina Katsanis)

He suggested the prosecution was part of the Trump administration’s retaliatory campaign.

“It is clear that this administration treats Congressman McIver’s actions differently than those of those on their own side,” McIver’s attorney, Paul Fishman, said in a statement.

McIver was among several elected officials, including Newark Mayor Ras Baraka, who attempted to visit the Delaney Hall detention center, a 1,000-bed facility in Newark, on May 9. Authorities were trying to inspect the facility.

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Baraka was arrested by federal agents while trying to gain access. McIver was among several people jostling in the crowd of people around the Baraka.

Prosecutors allege McIver “slammed” his arm into an agent and wrapped his arms around the mayor to stop his arrest.