Trump DOJ charging House Democrat in ICE fracas

Rep. LaMonica McIver (D-N.J.) at Newark migrant detention facility

Charging a sitting member of Congress 'after a heated clash in which no one was injured' is a 'highly unusual decision'

(Image credit: AP Photo / Angelina Katsanis)

What happened

The Justice Department is charging Rep. LaMonica McIver (D-N.J.) with allegedly "assaulting, impeding and interfering with law enforcement" during a May 9 tussle outside an immigration detention facility in Newark, New Jersey, acting U.S. Attorney Alina Habba announced Monday. She also said she was dropping misdemeanor trespassing charges against Newark Mayor Ras Baraka (D) stemming from the incident "for the sake of moving forward."

Who said what

The Department of Homeland Security released body-camera video it says shows McIver elbowing masked law enforcement officials outside the Delaney Hall detention facility, where she and two other congressional Democrats had come for a surprise inspection, as allowed under federal law. McIver and her colleagues said the ICE agents shoved and assaulted them. Homeland Security Secretary Kristi Noem said the charges were based on a "thorough review of the video footage." But the government's narrative has been "contradicted" by other video footage and "by witnesses who were at the scene," The New York Times said.

Charging a sitting member of Congress "after a heated clash in which no one was injured" is a "highly unusual decision," The Washington Post said. It's also an "extraordinary stress-test for the separation of powers at a time in which President Donald Trump is seeking to maximize executive branch dominance," Politico said.

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Prosecuting McIver is "extreme, morally bankrupt and lacks any basis in law or fact," House Democratic leaders said. "No one is above the law — politicians or otherwise," said Habba, a former defense lawyer for Trump. "Assaults on federal law enforcement will not be tolerated," said Deputy Attorney General Todd Blanche, another former Trump defense attorney.

What next?

This "spectacularly inappropriate" prosecution is an "attempt to shift the blame" from ICE's escalation of "what should have been a peaceful situation into chaos," said McIver's lawyer, Paul Fishman, a former U.S. attorney for New Jersey. "In the courtroom, facts — not headlines — will matter." McIver said the charges were "purely political" and she looked "forward to the truth being laid out clearly in court."

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Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.