ICYMI: McIver and Counsel Paul Fishman Press Call Debriefing Court’s Refusal To Dismiss U.S. v. McIver Case
August 27, 2026, 6:15 pm | in
FOR IMMEDIATE RELEASE: August 27, 2026
ICYMI: McIver and Counsel Paul Fishman Press Call Debriefing Court’s Refusal To Dismiss U.S. v. McIver Case
NEWARK, NJ – Today, on a briefing call, Congresswoman LaMonica McIver (NJ-10) and her counsel, Paul Fishman, broke down Wednesday's Third Circuit decision to not dismiss U.S. v. McIver. The decision carries troubling legal and political implications that threaten separation of powers.
McIver and Fishman discussed the complex ruling— the Court ruled to not dismiss the case on two counts and ruled to vacate and remand the third count— the next steps from the court and the legal team, and the broader implications and consequences of the case for democracy. The case, if not dismissed, would set a precedent for extreme ICE impunity, executive branch overreach, and weaponization of the DOJ.
Below are excerpts from the briefing.
Fishman on the stakes of the case
“Let me make something clear. We are not afraid to try this case, and if we try this case…we will win that trial.
[…]
“This is a fight for Congresswoman McIver and every other member of the House of Representatives and the United States Senate who could be targeted by this administration for speaking out, for conducting oversight of the executive branch… [The case is] designed both to chill her and to chill the other members who want to engage in…the same kind of conduct and hold the executive branch responsible for what they're doing.”
McIver on defending and serving her district
“Making sure that my duties as a member representing the 10th district doesn't fall short at all is something that I was very adamant about when [the Trump administration] charged me. I think that's what they hoped for, that it would cripple me in doing my job… But we’ve delivered thousands of dollars in casework and continue to show up on so many different fronts.
“I'm super just grateful for the support I have in my district… That was the reason that took me to Delaney in the first place. The response that I was getting from my community about the things that they heard and saw happening… So I'm going to continue to… show up for them, and protect them, and fight for them because that's what they elected me to do.”