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LaMonica McIver Will Stand Trial, After Judge Makes Controversial Decision

Back in May, an ICE clash put the NJ congresswoman front and center of a national debate.

Congresswoman LaMonica McIver will stand trial on federal charges after a judge refused to toss out two of three counts accusing her of assaulting and impeding immigration officers during a heated incident at Delaney Hall, a Newark ICE detention facility. 

Footage shows the New Jersey Democrat allegedly intervening while ICE agents attempted to arrest Newark Mayor Ras Baraka on May 9. 

During the brouhaha, court documents claim that McIver wrapped her arms around the mayor, striking a federal officer in the process. ABC reports that she’s been charged with three counts of assaulting, resisting, impeding and interfering with federal officials. 

U.S. District Judge Jamel K. Semper denied McIver's argument that she is immune from prosecution under the Speech or Debate Clause.

The judge stated that her actions were "wholly disconnected from the oversight she and the Representatives later conducted when touring the facility, where they engaged in protected fact-finding related to federal immigration policy." 

Semper also stated that her presence at Delaney Hall didn’t grant her legal protection for “every act performed in connection to that visit.”

Hanna Rumsey, a spokeswoman for McIver, said the congresswoman was “disappointed” by the outcome and called the charges baseless.  

“This is not about one person,” Rumsey said in a statement obtained by the New York Times. “This is about how the administration wants to use criminal charges to target political opponents.”

Judge Semper is still questioning whether legislative immunity could apply to one of the three charges; the prosecution’s case moves forward for now.

As for Baraka, not long after his arrest, the trespassing charge against him was dropped.

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