What They’re Saying: Responses to the Third Circuit’s Refusal to Dismiss U.S. v. McIver
August 28, 2026, 11:31 am | in
What They’re Saying: Responses to the Third Circuit’s Refusal to Dismiss U.S. v. McIver
“A brazen and unlawful abuse of power, and a direct attack on congressional oversight”
WASHINGTON, DC — On Wednesday, the Third Circuit Court of Appeals threw out Congresswoman LaMonica McIver’s (NJ-10) motion to dismiss her case, U.S. v. McIver. Since the news broke, McIver has received a groundswell of support for the case which she said in a Wednesday statement is “not over.” One thing is clear: The case against McIver is not only baseless, but it poses a threat to democracy. The people are talking and they’re not happy about this outcome. Here’s what they’re saying.
What lawmakers are saying:
“Donald Trump wants Congressmembers to fall in line & not conduct oversight of detention centers. And he wants to make an example out of @RepLaMonica. But we’re not letting up.” (Rep. Ayanna Pressley)
“Criminalizing oversight deters lawmakers from holding Trump accountable—even if Democrats take back Congress. LaMonica is strong and won’t be intimidated, but the continued attacks on her for doing her job is dangerous to our democracy.” (Rep. Bonnie Watson Coleman)
“Trump weaponizing the Department of Justice to target members of Congress simply for doing their jobs is straight out of his corruption playbook. It’s a brazen and unlawful abuse of power, and a direct attack on congressional oversight.” (Gov. Mikie Sherrill)
What the press is saying:
“Between going to doctor’s appointments, attending congressional hearings, serving her constituents, meeting with her lawyers, raising money for her defense and continuing to keep a spotlight on the treatment of immigrants in detention, McIver isn’t just fighting for her seat — she’s fighting for her freedom.” (Errin Haines, The 19th)
“McIver faces up to 17 years in prison if convicted in the case. She argued that the charges brought against her were for political reasons, citing numerous statements by the Trump Administration, President Trump himself and former prosecutor Alina Habba, who initially brought federal charges against McIver before leaving her position and becoming an aide in the administration.” (Brandon Caldwell, TheGrio)
What advocacy groups are saying:
“One of the more troubling features of the current administration is its apparent penchant for prosecuting perceived political adversaries of the President. The prosecution of Congresswoman McIver bears the hallmarks of just such a prosecution.” (Washington Litigation Group)
“Today’s decision is a grave miscarriage of justice… What is happening to Rep. McIver is no accident: it is an intimidation tactic aimed at silencing a sitting member of Congress who stood up to protect her community members from human rights violations.” (Fatima Goss Graves, NWLC)
“Weaponizing the DOJ to target a sitting Member of Congress undermines our system of checks and balances and threatens our democracy.” (Amol Sinha, ACLU NJ)
“The Trump administration is using LaMonica McIver as an example. It is a message to all lawmakers– if you stand up to ICE, if you fight back, we’ll come after you. Rep. McIver is showing us what fighting back looks like. Despite a split appeals court declining to drop the case, she is standing strong against these politically motivated charges… We stand with her 100%” (Vote Mama)
McIver and her legal team are currently exploring all options for moving the case forward. Those options include but are not limited to asking for the case to be heard en banc by the Third Circuit or by the U.S. Supreme Court. McIver is running for re-election and is eight months pregnant.
