NEWARK, NJ – A federal district judge in United States v. McIver, ruled today to deny pretrial motions to dismiss the case against Rep. LaMonica McIver (NJ-10). The motions were made by the congresswoman and her defense team and argued in court on October 21. McIver and counsel sought to have criminal charges brought against her by the Trump administration dismissed on two separate bases: one on legislative immunity and the other on selective and vindictive prosecution. From the charges, McIver faces 17 years in prison.
In June, the Trump administration baselessly charged McIver in relation to a legally sanctioned oversight visit to an ICE facility in her district. The judge ruled not to dismiss the case, but did withhold ruling on one of the three counts in the indictment.
McIver released the following statement in response to the opinion:
“I am disappointed in today’s decision. From the beginning, this case has been about trying to intimidate me, stop me from doing oversight, and keep me from doing my job. It will not work. I will keep standing up to protect people, and the court’s denial of my motions does not change that fact. I am not in this fight only for myself, and I am concerned that this decision will simply embolden the administration. This case is not over. I am committed to protecting my community, our people, and our country.”
Paul J. Fishman, McIver’s attorney, issued the following statement:
“Although it is apparent that the court gave the motions thoughtful consideration, we believe the decisions are wrong. It is clear this administration is treating Congresswoman McIver's actions differently than the actions of those who are on their side. It is also clear that this prosecution is designed to chill the Congresswoman’s lawful authority to conduct oversight and hold the administration to account. We are currently evaluating next steps.”
Hanna Rumsey, a spokesperson for McIver, added:
“We are disappointed by the court’s opinion and firmly believe that this indictment should be dismissed based on the Congresswoman’s legislative immunity, and because she is being selectively and vindictively prosecuted. Congresswoman LaMonica McIver is innocent and the charges against her are baseless. But this is not about one person. This is about how the administration is using criminal charges to go after political opponents who dare conduct oversight of their activities.
“Congresswoman McIver was doing her job at Delaney Hall, and for that she has been targeted, burdened with wildly expensive and time-consuming litigation, and is facing the threat of 17 years in prison. We will fight this case until the end. The Trump administration cannot intimidate LaMonica McIver: she will always protect her community and people across this country.”
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