Democrat Rep. LaMonica McIver got a decision on her motions to dismiss charges stemming from her alleged actions at the ICE facility in Newark back on May 9.
She faces three counts of assaulting, resisting, impeding, and interfering with a federal officer, in violation of 18 U.S.C. § 111(a)(1). She pleaded not guilty.
She filed two motions to dismiss. The first argued legislative immunity under the Speech or Debate Clause.
The Biden-appointed U.S. District Judge Jamel Semper did not agree, noting as to Counts One and Three that “lawfully or unlawfully, she actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”
The judge reserved decision as to Count Two, saying there was evidence that still needed to be evaluated because video was still being reviewed, so the Court had to wait for the facts.
Then the second motion claimed selective enforcement and prosecution, as well as vindictive prosecution. It also included a discovery request if the Court concluded that dismissal was not yet warranted.
Among the arguments McIver made was that January 6 defendants were a “similarly situated group against whom enforcement and prosecutorial action was not taken.” That argument did not go over well. On the contrary, the opinion observed that there was “massive investigatory action” regarding the Jan. 6 defendants, that they were, in fact, prosecuted. Also, the facts were “unambiguously distinct.”
As to vindictiveness, the judge found that McIver hadn’t shown there was any personal animus. I found it humorous that in coming to that conclusion, the decision noted the following:
In fact, during President Trump’s full exchange with a reporter where he stated the “days of woke are over,” when asked if he directed the prosecution of Defendant, the President stated “No. I didn’t. The days of woke are over. That woman, I don’t, I have no idea who she is.”
McIver argued the government was retaliating for her “lawful oversight activity” and that the “Executive Branch does not like scrutiny of its immigration policies and practices.” This was a great point in the decision:
This argument is undermined by the absence of charges filed against the Representatives who were also present on May 9 conducting oversight of the administration’s immigration policies.
The judge also denied further discovery on that issue.
How great it is to see logic and sense in this decision from a Biden-appointed judge. He was a former federal prosecutor, so that may lend to the “sense” part.
McIver said in a statement that she was disappointed by the decision.
Today’s decision is disappointing. I am not in this fight only for myself, and I’m 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. pic.twitter.com/MXYALC2als
— Rep. LaMonica McIver (@RepLaMonica) November 13, 2025
“I am not in this fight only for myself, and I am concerned that this decision will simply embolden the administration,” she said.
Her attorney, Paul Fishman, said McIver and her legal team are “evaluating next steps” in response to legal decisions they believe “are wrong.”
Editor’s Note: The Democrat Party has never been less popular as voters reject its globalist agenda.
Help us continue exposing Democrats’ plans to lead America down a dangerous path. Join RedState VIP and use promo code FIGHT to get 60% off your membership.
