McIver fights indictment in Delaney Hall incident
Newark congresswoman seeks dismissal, claiming immunity
By: Ricardo Kaulessar
NorthJersey.com
USA Today Network - New Jersey
..... Democrat Representative LaMaonica McIver is seeking the dismissal of the federal charges against her, claiming immunity form prosecution as a member of Congress and saying she is the target of selective prosecution by the government.
.....
On the evening of August 15, [2025] McIver filed the District in the United States District Court for the District of New Jersey regarding the three-count indictment against her for her confrontation with federal officers during hr visit to the Newark detention facility Delaney Hall on May 9. [2025
..... McLver, 38, pleaded not guilty in federal court on June 25 [2025] to charges of "assaulting, resisting, and impeding" Homeland Security Department investigators during the visit she made with her fellow New Jersey Democratic Representatives Bonnie Watson Coleman and Bob Menendez. along with Newark Mayor Ras Baraka.
..... Baraka was arrested during that visit after an argument with agents, and their charged with trespass by Alina Habba, acting U.S. attorney for the District of New Jersey. That charge was then dropped.
..... Two of the four motions are seeking to dismiss the case against McIver based on "legislative immunity" and on "selective enforcement and prosecution, and vindictive prosecution." The other two are to "restrain the government's extra-judicial statements" and to "compel discovery."
..... McIver said in a brief statement to NorthJersey.com , "I have full confidence in the arguments we're making - the briefs speak for themselves.
..... In the motion, McIver argues for dismissal because her visit to Delaney Hall was within the purview of her job of congressional oversight. And she says she is immune from criminal charges due to the protection provided by the speech and debate clause of the U.S. constitution, which guarantees
that members of Congress "shall not be questioned" when carnying out their duties.
..... McIver also seeks dismissal by saying she was charged under the same federal assault statute used against more than 160 people who were charged in the attack on the U.S. Capitol on January 6, 2021. But those charges were dismissed when President Donald Trump issues his pardons of those defendants after returning to the White House in January. [2025] Unlike the Capitol attackers, McIver said, she had "very right to be on those premises" of Delaney Hall and "she was there to do her job."
..... McIver said in the motion to compel discovery hat the government produced only two pieced of video evidence from the May 9 [2025] visit to Delaney Hall to make its case against her: footage from tow fixed-point surveillance cameras outside Delaney Hall and body cameras from 11 officers from Immigration and Customs enforcement and the Department of Homeland Security.
..... She said her legal team requested additional discovery, noting that the government did not provide additional video footage from the exterior or interior of Delaney Hall, the names of the officers and agents present at Delaney Hall that day, which law enforcement personnel had body-worn cameras, and which cameras did not work.
..... The congresswoman, who represents the 10th congressional district, which includes her hometown of Newark, also wants the government to stop making comments that would affect her "gutter politician"a fair trial. She pointed out in her motion that Homeland Security has made comments about her since May 9 [2025] that are "extraordinarily prejudicial" to her case, such as referring to her as a "gutter politician" responsible for the rise in attacks on federal agents.
..... Homeland Security and ICE officials could not be reached immediately for comment on McIver's filing to dismiss. Habba also could not be reach for comment.