Legal Counsel to Congresswoman McIver Responds to Indictment

The decision to charge Congresswoman McIver is spectacularly inappropriate. She went to Delaney Hall to do her job. As a member of Congress, she has the right and responsibility to see how ICE is treating detainees. Rather than facilitating that inspection, ICE agents chose to escalate what should have been a peaceful situation into chaos. This prosecution is an attempt to shift the blame for ICE's behavior to Congresswoman McIver. In the courtroom, facts – not headlines – will matter.”

  • Paul J. Fishman, Partner, Arnold & Porter, Counsel for Congresswoman LaMonica
    McIver

 

For some context, please go to Axios HERE:

"The Justice Department charged Rep. LaMonica McIver (D-N.J.) over a scuffle with law enforcement outside an ICE facility in New Jersey last week.

"Why it matters: McIver is the first federal officeholder targeted by the the Trump administration as they aggressively prosecute politicians who open themselves up to legal liability while opposing the president's mass deportations.

  • McIver has strongly denied assaulting law enforcement during the clash, saying she was the one who was assaulted. In a Monday statement, she called the charges against her "purely political" and said they are "meant to criminalize and deter legislative oversight."
  • The Department of Homeland Security has pointed to body camera footage of what they say is McIver elbowing an ICE agent during the arrest of Newark Mayor Ras Baraka.

"What's happening: Alina Habba, U.S. attorney for the District of New Jersey announced on X charges against McIver of assaulting, impeding, and interfering with law enforcement, but dismissed a trespassing charge against Baraka."

For the backstory, please go HERE:

Authorities with Homeland Securities Investigations and ICE on May 9th arrested Mayor Ras Baraka and charged him with trespassing at the detention facility Delaney Hall in Newark.

The mayor's arrest outside the front gate of the center following an argument and scuffle with agents came after a tense week at the privately owned and operated immigrant detention center in Newark.

Agents put Baraka in handcuffs.

From the campaign of Baraka, who is running in the Democratic Primary for Governor:

"Confirmed: This afternoon [May 9th], Mayor Ras J. Baraka was arrested and detained by ICE. He is currently being transported to 620 Frelinghuysen Ave #1, Newark, NJ 07114. According to a tweet from U.S. Attorney Alina Habba, the arrest is related to alleged trespassing. We are actively monitoring and will provide more details as they become available." - Kabir Moss, Spokesperson for Ras Baraka for Governor Campaign.

Congresswoman Nellie Pou (D-9) tonight decried the indictment of Congresswoman LaMonica McIver (D-10) by the Trump Justice Department.

“I am disgusted and outraged that the Justice Department, through Donald Trump’s personal lawyer and hand-picked U.S. Attorney, is attempting to prosecute a sitting member of Congress on blatantly trumped-up, phony charges,” said Congresswoman Pou. “Congresswoman McIver did nothing wrong except exercise her duty as a sitting member of Congress to call out excesses by the government. For a Justice Department so concerned about purported trespassing, I would remind everyone of the over 1,500 January 6 rioters who were given unconditional pardons after storming the Capitol to overturn the 2020 election.

“This prosecution is nothing but cold vengeance and an abuse of power by a heavily politicized Justice Department and an unqualified temporary prosecutor whose only qualification to be United States Attorney is praising her boss in front of TV cameras. As a democracy, all Americans must be allowed to protest government corruption without fear of persecution or prosecution. These charges should be thrown out of court.”

In addition:

WASHINGTON — In response to the charges filed against Rep. LaMonica McIver today, Mike Zamore, national director of policy and government affairs at the ACLU, and Amol Sinha, executive director of ACLU-NJ, issued the following statement:

“The Trump administration’s political charges against Congresswoman McIver is a method more suited for authoritarianism than American democracy. Elected officials represent the people, not the administration’s interests. They have every right to exercise their legally authorized oversight responsibilities for expanded immigration detention in New Jersey.

“If the Trump administration can target elected officials who oppose its extreme agenda, it can happen to any one of us. We demand that they drop the charges against Rep. McIver, and we implore her fellow members of Congress to call for the same.”

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The ACLU of New Jersey has defended liberty and justice guided by the vision of a fair and equitable New Jersey for all since our founding in 1960. Our mission is to preserve, advance, and expand the individual rights and liberties guaranteed by the state and federal constitutions in courts, in the legislature, and in our communities. We strive to be anti-racist and are actively committed to advancing racial justice for the people of New Jersey. We are a non-partisan organization that operates across political, legal, and cultural fronts to bring about change and build a more equitable society. www.aclu-nj.org 

 

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