Appeals court rejects Rep. McIver's challenge to charges for alleged assaults at ICE facility
The panel said her physical contact with federal agents was not legislative conduct and left one charge for further 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.
28 Articles
28 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.
Trump Admin Sees Court Win Against Anti-ICE Progressive
Two of the three judges on the U.S. Court of Appeals for the Third Circuit refused to dismiss the Department of Justice (DOJ) case against a Democratic representative surrounding a 2025 incident at an ICE facility. Rep. LaMonica McIver (D-NY) visited Delaney Hall last year, an event that led to the arrest of Newark Mayor Ras Baraka. McIver was charged with assaulting and impeding federal officers. Speaking to reporters following the incident, Pr…
Democrat Congresswoman Faces Legal Setback as Charges Proceed
A recent ruling from the U.S. Court of Appeals allows two federal charges against Rep. LaMonica McIver to advance, despite her attempts to dismiss them. The judgment highlights ongoing challenges for the congresswoman. The post Democrat Congresswoman Faces Legal Setback as Charges Proceed appeared first on News Addicts.
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 › ]
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