Appeals Court Lets 2 Charges Against McIver Stand, Sends 1 Count Back
Updated
Updated · The Guardian · Aug 26
Appeals Court Lets 2 Charges Against McIver Stand, Sends 1 Count Back
3 articles · Updated · The Guardian · Aug 26
Summary
A 2-1 federal appeals panel refused to throw out two criminal counts against Rep. LaMonica McIver, while remanding a broader third count to the lower court for more fact-finding.
Judges said her conduct outside Newark's Delaney Hall detention center during a May 2025 visit was "non-legislative," rejecting her claim that the Constitution's speech and debate clause shields her from prosecution.
McIver, who has pleaded not guilty, was charged with assaulting, impeding and interfering with officers during Newark Mayor Ras Baraka's arrest; the three counts together carry up to 17 years in prison.
She called the ruling retaliation that could chill congressional oversight of ICE facilities, saying the Trump administration was trying to make an example of her and that she was weighing further options.
The case stems from a clash during lawmakers' inspection of a detention center criticized over conditions, making McIver the only member of Congress indicted by Trump's Justice Department.