House Democrat Wages a Lonely Legal Fight Testing Congress's Power

[Uncle Joe]

Representative LaMonica McIver is facing crushing legal fees and prison time as she seeks to get the Justice Department assault case against her dismissed, citing her legislative prerogatives.

Representative LaMonica McIver, Democrat of New Jersey, in Newark this week.Credit...Tierney L. Cross/The New York Times

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Ms. McIver, who was charged with “assaulting, resisting or impeding” federal officials after she was involved in the chaotic confrontation outside Delaney Hall in May, has refused to consider a plea deal.

Instead, she is seeking to have the case against her thrown out, arguing that the Constitution’s “speech-or-debate clause,” which protects members of Congress from legal liability when they are conducting legislative business, protects her from prosecution.

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“It feels like you’re basically on an island alone,” Ms. McIver said. “I’m a new legislator. The Trump administration picked the weakest link to put their all in.”

The case revolves around a 68-second incident that unfolded on May 9, 2025, when Ms. McIver was involved in a chaotic tussle with ICE agents outside an immigration detention center in Newark that she was visiting to conduct congressional oversight.

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https://www.nytimes.com/2026/04/03/us/politics/lamonica-mciver-immigration-congress-trump.html