A federal judge appointed by President Joe Biden has refused to dismiss most criminal charges against Democratic Rep. LaMonica McIver of New Jersey, clearing the way for a rare prosecution of a sitting congresswoman accused of assaulting federal agents.
U.S. District Judge Jamel Semper on Thursday rejected McIver’s bid to throw out two of three counts in a June indictment stemming from a May incident at the Delaney Hall detention center in Newark.
The first-term lawmaker faces up to 17 years in prison if convicted on all charges, which include forcibly impeding and interfering with Immigration and Customs Enforcement officers.
McIver, who pleaded not guilty last month, allegedly struck one agent with her forearm, grabbed another and used her forearms to hit a third during a 68-second melee outside the facility.
The confrontation erupted as agents moved to arrest Newark Mayor Ras Baraka on trespassing charges that were later dropped.
McIver was part of a congressional delegation with Reps. Bonnie Watson Coleman and Rob Menendez conducting oversight.
Bodycam footage captured McIver shouting at agents.
🚨BREAKING: I have obtained exclusive ICE officer body cam footage clearly showing Democrat Rep. LaMonica McIver verbally and physically assaulting federal agents in New Jersey after illegally entering an ICE detention facility.
— Benny Johnson (@bennyjohnson) May 10, 2025
In the video you can see indisputable evidence of… pic.twitter.com/msAQBz23oJ
"I touch whoever I want motherf*cker!” McIver shouted.
McIver’s attorneys argued the case—led by acting U.S. Attorney Alina Habba, a former Trump lawyer tapped by the president for the post—was vindictive and shielded by the Constitution’s Speech or Debate Clause, which protects lawmakers from prosecution for actions tied to official duties.
Semper disagreed on the core claims.
"Defendant’s active participation in the alleged conduct removes her acts from the safe harbor of mere oversight," he said. "Lawfully or unlawfully, Defendant actively engaged in conduct unrelated to her oversight responsibilities and congressional duties."
The judge dismissed two counts tied to actions outside the gated area but reserved ruling on a third involving alleged contact inside until more evidence emerges.
He also rejected McIver’s selective-prosecution claim, citing Trump’s Jan. 6 pardons.
"Irrespective of the pardon, the January 6 defendants are not similarly situated to Defendant because the facts and circumstances surrounding their criminal cases are unambiguously distinct," Semper wrote.
Habba’s office scored a win, though her own appointment remains under appeal after another judge ruled it unlawful in August.
This Biden judge just handed Democrat privilege a brutal reality check—congressional immunity isn’t a free pass to slug federal agents while screaming profanities on camera.
McIver’s entitled meltdown, preserved in ICE bodycam glory, exposes the two-tier justice system’s collapse when a left-wing lawmaker thinks rules don’t apply.
Taxpayers fund her salary, yet she assaults the very officers enforcing laws she votes on. Appeal all you want, congresswoman; the video doesn’t lie, and neither should accountability.
Conversation