A federal judge in Newark has ordered prosecutors to turn over new evidence in the case of Representative LaMonica McIver, a New Jersey Democrat accused of assaulting immigration agents earlier this year. According to The New York Times, Judge Jamel K. Semper instructed the Justice Department to release all video footage connected to the May altercation outside a federal detention center and to urge federal agencies to remove social media posts he described as “fact free.”

McIver, who represents Newark, was charged with allegedly striking two federal agents while intervening during the brief detention of Newark Mayor Ras J. Baraka. Prosecutors claim she obstructed officers attempting to arrest the mayor outside the gates of a privately run immigration facility known as Delaney Hall. Her defense team argues the charges are politically motivated.

“She never would have been charged if she were not a Democrat,” said attorney Paul J. Fishman, who urged the court to dismiss the indictment.

McIver pleaded not guilty following her arrest in May and was released pending trial. As previously reported by BET, the congresswoman has maintained her innocence from the beginning. She says she was at Delaney Hall to conduct an authorized oversight visit with two other members of Congress, Bonnie Watson Coleman and Rob Menendez, and that she was fulfilling her duty to ensure humane conditions for detainees.

The case has drawn widespread attention because of the facility’s troubled history and the tense political climate surrounding immigration enforcement in New Jersey. Delaney Hall has faced repeated criticism for overcrowding, hunger strikes, and security lapses. Earlier this year, several detainees reportedly escaped through damaged walls after protesting poor conditions.

During Tuesday’s hearing, Judge Semper also ordered the Justice Department to provide text messages exchanged by Homeland Security and Immigration and Customs Enforcement agents that day, along with crowd control and de-escalation policies. He emphasized that the defense should not be forced to “play Whac-a-Mole” while federal officials circulate unverified information online.

Prosecutors have already turned over some of the surveillance and body camera recordings but are now required to produce footage from inside and outside the facility, which may clarify what unfolded during the 68-second encounter. 

Outside court, McIver stressed that she was simply doing her job. “We all know why this is happening,” she said. “It’s because I was standing up for my community, and I will continue to do so.”

Representative Menendez, who appeared at the courthouse alongside protesters supporting McIver, called the charges “an intimidation tactic” aimed at silencing a Black woman in public office. 

Judge Semper has not yet ruled on the motion to dismiss, but the additional footage and communications are expected to play a critical role in determining whether the charges proceed to trial.