The Department of Justice charged Democratic Rep. LaMonica McIver with assaulting federal law enforcement during a chaotic melee that erupted outside of an ICE detention facility in her home state of New Jersey, acting US Attorney Alina Habba said Monday.
Prosecutors will drop the federal trespassing charge against Newark Mayor Ras Baraka, who was arrested during the confrontation, Habba stated in a news release.
The scuffle outside the detention facility, in which protesters, lawmakers, and Homeland Security officers clashed, took the political battle between the administration and Democratic lawmakers over President Donald Trump’s hardline immigration policy agenda to a new level, with a federal lawmaker charged with criminal wrongdoing.
“No one is above the law — politicians or otherwise,” Habba said, accusing McIver of assaulting, impeding, and interfering with law enforcement. “It is the job of this office to uphold justice impartially, regardless of who you are.”
McIver stated in a statement that the charges against her “are purely political-they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight.”
According to sources familiar with the case, the DOJ and McIver tried to work out a plea deal that would have avoided charges. In a statement released Monday, Habba stated that McIver “declined” the department’s attempts to “come to a resolution.”
It is unclear whether the Justice Department will charge the two other members of Congress who were with McIver at the detention center, Democratic Reps. Bonnie Watson Coleman and Robert Menendez Jr.
The incident began on May 9 when three members of Congress visited the ICE detention facility in Newark, alleging that it lacked the necessary permits.
After the visit to the facility, Baraka attempted to join lawmakers and entered the facility through the main gate. Baraka complied with federal agents’ orders to leave, but was apprehended as soon as he left the facility’s fenced-in area.
McIver and other protesters surrounded Baraka while federal agents forced their way through the crowd to make the arrest. Habba announced Monday that she is dropping the charge against Baraka “for the sake of moving forward” and has invited the mayor to accompany her to the detention center.
“I am glad that the U.S. Attorney has agreed that this case should be dismissed,” Baraka said in a statement, adding that he would look for areas of possible cooperation on issues with Habba while vowing to continue to pressure the ICE facility to comply with city regulations.
Later Monday, the mayor told CNN’s Abby Phillip that he was confident McIver would be vindicated in court.
“I didn’t see any of those things happen,” Baraka stated on “NewsNight” regarding the assault allegations. “So I think that the congresswoman will be vindicated.”
Video footage from the scrum appears to show McIver using her body to push past federal agents and reach Baraka as he was handcuffed. It also shows McIver using her arms to push agents.
DHS officials, including Secretary Kristi Noem, have accused McIver of assaulting law enforcement, with the secretary saying on Capitol Hill Wednesday that the lawmakers’ actions were “lawlessness” and “beneath this body.”
McIver denied assaulting federal officers, telling CNN’s Dana Bash on “State of the Union” Sunday, “I honestly do not know how to body slam anyone, and there’s no video that supports me body slamming anyone.”
McIver’s attorney, Paul Fishman, said the charges were an attempt to shift blame for the confrontation away from immigration officers.
“As a member of Congress, she has the right and responsibility to see how ICE is treating detainees,” she said. “Rather than facilitating that inspection, ICE agents chose to escalate what should have been a peaceful situation into chaos.”
The prosecution of McIver was quickly condemned by House Democratic leadership as “extreme, morally bankrupt” and lacking “any basis in law or fact.”
“The proceeding initiated by the so-called U.S. Attorney in New Jersey is a blatant attempt by the Trump administration to intimidate Congress and interfere with our ability to serve as a check and balance on an out-of-control executive branch,” House Minority Leader Hakeem Jeffries and several other caucus leadership members said in a statement. “Everyone responsible for this illegitimate abuse of power is going to be held accountable for their actions.”
