While Rep. LaMonica McIver (D-NJ) has been indicted on federal charges following accusations that she assaulted immigration officers, the Associated Press reports.
McIver’s charges were announced June 10 on X by acting U.S. Attorney for New Jersey Alina Habba. McIver faces three counts of assaulting, resisting, impeding and interfering with federal officials during a tussle in May.
“As I have stated in the past, it is my Constitutional obligation as the Chief Federal Law Enforcement Officer for New Jersey to ensure that our federal partners are protected when executing their duties,” Habba wrote. “While people are free to express their views for or against particular policies, they must not do so in a manner that endangers law enforcement and the communities those officers serve.”
However, that paints a vast difference from the violent offenses that took place during Trump’s first term. Trump once said the people that participated in the 2017 white nationalist rally in Charlottesville, Virginia that killed a protester and resulted in a mob chanting, “Jews will not replace us!” were “very fine people.” He also failed to tell his “loyal followers” to stop during the violent January 6, 2021 insurrection.
In a statement, McIver professed similar sentiments, saying the tactic is nothing more than political persecution and a way to scare her. “The facts of this case will prove I was simply doing my job and will expose these proceedings for what they are: a brazen attempt at political intimidation,” she said in a post on X.
Her lawyer, former U.S. Attorney for New Jersey Paul Fishman, feels the same. “The legal process will expose this prosecution for what it truly is—political retaliation against a dedicated public servant who refuses to shy away from her oversight responsibilities,” Fishman said.
While two counts carry a maximum eight-year prison sentence and the other up to one year, legal experts believe in the current political climate, McIver’s case may fall flat if the case goes to a jury. According to Politico, the claim that McIver attempted to forcibly interfere with Newark Mayor Ras Baraka’s arrest at the time of the viral scuffle may not fly over well given that prosecutors quickly dropped charges against Baraka.
McIver could also invoke the Speech and Debate clause from the U.S. Constitution, providing civil and criminal immunity for members of Congress engaged in legislative activity such as oversight activity, just like former Vice President Mike Pence had the option to do regarding the events of January 6.
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