Appeals court rejects Rep. McIver's challenge to charges for alleged assaults at ICE facility
The panel said two counts are not protected by the Speech or Debate Clause and sent a third count back for more fact-finding.
- On Wednesday, the 3rd Circuit rejected Democratic lawmaker McIver's immunity claim under the Constitution's "speech or debate" clause, sustaining most criminal charges from a Newark confrontation.
- Judges Chung and Bibas rejected the immunity defense for two of three charges against McIver because her actions at the Newark detention center did not amount to legislative work.
- Judge Thomas Ambro partially dissented, arguing McIver should pursue evidence the case was brought to retaliate against her, citing dismissal of charges against Trump supporters who assaulted police at the Capitol on Jan. 6.
- The appeals court ordered the trial judge to re-examine the third charge, which accuses McIver of "forcibly" interfering with officers. Attorney Paul Fishman did not immediately respond to requests for comment.
- McIver could ask the full 3rd Circuit bench to rehear the case or take her immunity challenge to the Supreme Court, potentially delaying the trial.
22 Articles
22 Articles
Prosecution of Congresswoman for Assaulting and Impeding Federal Officials at ICE Delaney Hall Detention Facility Can Continue
Some excerpts from the long opinion in U.S. v. McIver, written by Third Circuit Judge Cindy Chung and joined by… The post Prosecution of Congresswoman for Assaulting and Impeding Federal Officials at ICE Delaney Hall Detention Facility Can Continue appeared first on Reason.com.
Court rejects McIver's motion to dismiss case about Delaney Hall inspection
Rep. LaMonica McIver (D-NJ) has lost her appeal to toss federal charges over her congressional oversight visit to the Delaney Hall immigration detention center in Newark, New Jersey, last year. In a split 2-1 decision on Wednesday, the Philadelphia-based U.S. Court of Appeals for the 3rd Circuit determined the congresswoman’s legislative immunity defense did not hold up. The House Democrat argued she was protected from prosecution under the Cons…
Appeals court clears Trump admin to continue assault case against NJ Rep.
Rep. LaMonica McIver speaks with supporters outside federal court in Newark Wednesday. McIver pleaded not guilty to charges stemming from a May 9 incident outside a private immigration detention center in the city. Rep. LaMonica McIver faces up to 17 years in prison on charges of assaulting federal agents outside the Delaney Hall ICE detention center in Newark. [ more › ]
In LaMonica McIver Dissent, Judge Ambro Describes Costs of Politicized Prosecution and Speech and Debate
The Third Circuit mostly rejected LaMonica McIver’s appeal of Jamel Semper’s ruling from last November that she was not immune from charges that she assaulted the ICE goons who were impeding her efforts to conduct an oversight visit to Delaney Hall. Judge Cindy Chung (appointed by Biden) bumped one of three charges back to Semper, but otherwise rejected the rest. In his dissent, Clinton appointee Thomas Ambro makes a far more interesting argumen…
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