WASHINGTON, DC – FEBRUARY 04: Rep. LaMonica McIver (D-NJ) speaks during the We Choose To Fight: Nobody Elected Elon rally at the U.S. Department Of The Treasury on February 04, 2025 in Washington, DC. (Photo by Jemal Countess/Getty Images for MoveOn)
Acting U.S. Attorney Alina Habba said Monday she is charging Rep. LaMonica McIver with “assaulting, impeding and interfering with law enforcement” during the arrest of Newark Mayor Ras Baraka outside a migrant jail in Newark 10 days ago.
Habba also announced her office is dropping Baraka’s misdemeanor trespassing charge “for the sake of moving forward.” Baraka called for federal prosecutors to dismiss the case after a court hearing in Newark on Thursday.
The stunning development has McIver accusing the Trump administration of attempting to “criminalize and deter legislative oversight” and Habba saying that congressional oversight is “not an issue in this case.”
“No one is above the law — politicians or otherwise. It is the job of this office to uphold justice impartially, regardless of who you are,” Habba said in a statement Monday evening. “Now we will let the justice system work.”
McIver, a Democrat who first joined Congress in September, said the charges are purely political.
“This administration will never stop me from working for the people in our district and standing up for what is right,” she said in a statement. “I am thankful for the outpouring of support I have received and I look forward to the truth being laid out clearly in court.”
The charges against McIver stem from a May 9 protest outside Delaney Hall, the new migrant jail in Newark. In the days prior, Baraka had attempted to gain access to the facility, which he claims is operating illegally without proper city permits.
McIver and two other New Jersey Democrats, Reps. Rob Menendez and Bonnie Watson Coleman, joined Baraka that day, saying they wanted to inspect the jail. Members of Congress are permitted to conduct unannounced visits ofproperties by or for the Department of Homeland Security.
When federal agents moved to arrest Baraka, chaos ensued. Video shows McIver and other protestors surrounding the mayor.
While Baraka was still in federal custody that day, McIver told reporters that she was the one assaulted by federal agents.
“We did not get one apology, we did not get one explanation. I personally, who was assaulted on camera, did not get one apology from any ICE administrator, no call from Homeland Security, nothing,” she said.
Department of Homeland Security officials later posted video of the melee to social media, focusing on a moment where McIver pushes past a federal agent.
McIver said in her statement that she, Menendez, and Watson Coleman were lawfully conducting oversight of the facility and that the visit “should have been peaceful and short.”
“Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka,” she said.
Habba’s statement says she attempted to address these issues without bringing criminal charges and gave McIver “every opportunity to come to a resolution, but she has unfortunately declined.”
The three House members have faced backlash from Republican lawmakers who have introduced a resolution that would strip them of their committee assignments, and at least one representative has called for McIver to be expelled from Congress. U.S. Department of Homeland Security Secretary Kristi Noem accused the three Democrats of “lawlessness.”
Habba’s statement says she has invited Baraka to tour Delaney Hall.
“The government has nothing to hide at the facility, and I will personally accompany the mayor so he can see that firsthand,” she said. “The citizens of New Jersey deserve unified leadership so we can get to work to keep our state safe.”
Habba was present in court last week for a 20-minute status conference on Baraka’s charges. Lawyers for Baraka said he was let onto the property by a staff member, and that Baraka was arrested outside the property. Monday was a deadline for federal prosecutors to deliver certain information pertaining to Baraka’s arrest.
Baraka, who is one of six Democrats running for his party’s nomination for governor, said in a statement that he is “glad” Habba has agreed to dismiss the charge he faced and said he plans to speak to her about “issues on which we can cooperate.”
“I understand that the U.S. Attorney has chosen to charge Congresswoman LaMonica McIver with assaulting law enforcement. Congresswoman McIver is a daughter of Newark, past Newark Council President, a former student of mine, and a dear friend. I want to be clear: I stand with LaMonica, and I fully expect her to be vindicated,” he said.
Habba, a personal lawyer for President Donald Trump who became the state’s U.S. attorney in March, has targeted other New Jersey officials. Last month, she said she launched an investigation into Gov. Phil Murphy and state Attorney General Matt Platkin — which she called “a warning for everybody” — over a 2019 directive barring state, county, and local police from cooperating in federal immigration arrests and enforcement.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Read the full article here
