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Judge denies Rep. McIver’s request to dismiss assault case

Judge denies Rep. McIver's request to dismiss assault case

Charges Against Rep. LaMonica McIver Remain in Place

A judge has denied a motion to dismiss the criminal charges against Rep. LaMonica McIver (D.N.J.), who faces accusations of assaulting a federal officer during a visit to an immigration detention facility in New Jersey earlier this year.

U.S. District Judge Jamel Semper detailed in a 41-page ruling that McIver did not sufficiently demonstrate that her intent was vindictive, and noted that her actions seemed unrelated to her responsibilities as a congresswoman. He stated, “Defendant has not met his burden of proving that the primary purpose of physically resisting the Mayor’s arrest was surveillance and intelligence gathering for legislative purposes. Defendant’s alleged conduct did not further any true legislative purpose.”

The judge, however, did not make a decision regarding the counselor’s motion to dismiss the charges.

In response, McIver commented, “The purpose of this lawsuit from the beginning was to intimidate me, prevent me from supervising, and prevent me from doing my job. That won’t work. I will continue to stand up to protect people.” She expressed concern that the court’s dismissal of her motion might embolden the administration.

Ms. McIver has pleaded not guilty to charges including assaulting and resisting a federal officer. She insists that her battle is not only personal; she is worried about the broader implications of this case. “This case is not over yet. I remain committed to protecting our community, our people, and our country,” she added.

It has been highlighted that McIver, along with other local officials, including Newark Mayor Ras Baraka, attempted to visit the Delaney Hall facility on May 9. During this visit, Baraka was arrested by federal agents, and McIver was nearby at the time of the incident. Prosecutors claim McIver obstructed the arrest by making physical contact with a federal employee.

McIver and her lawyer have argued that the legal actions against her are retaliatory measures taken by the current administration, further emphasizing a perceived double standard in how actions are treated based on political alignment.

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