Notorious Democrat Congresswoman Gets Brutal Legal Ruling On Criminal Charges
A three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled 2-1 on Wednesday that two of three federal charges against U.S. Rep. LaMonica McIver (D-NJ) can move forward. McIver was charged last June in connection with an on-camera assault of federal agents outside a U.S. Immigration and Customs Enforcement (ICE) facility in Newark, New Jersey.
In the 2-1 ruling, the court found that the Constitution’s Speech or Debate Clause does not shield her from prosecution for the specific physical conduct alleged. The Speech or Debate Clause protects members of Congress from being questioned in court about official legislative activities, such as investigations or oversight of federal agencies. Its purpose is to prevent the executive branch or courts from interfering with lawmakers’ core work.
McIver argued that her presence at the Delaney Hall immigration detention facility in Newark on May 9, 2025, was an authorized congressional oversight visit and that the charges therefore violated this protection, as well as the separation of powers.
The majority, in an opinion by Judge Cindy Chung joined by Judge Stephanos Bibas, held that the conduct charged in Counts One and Two was “unambiguously non-legislative.” Those counts allege specific physical acts, including slamming a forearm into one officer and grabbing him, and using forearms to strike another officer while pushing past him.
The court stated that such actions “are not integral to the legislative process” and that prosecuting them would not require McIver to answer for any legislative act. “Count One neither charges Congresswoman McIver for an act that is legislative in nature nor requires that she answer for any legislative act,” Chung wrote.
The panel also rejected an argument that presidential immunity precedents should expand protections for members of Congress beyond the Speech or Debate Clause.
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🚨 BREAKING: A federal appeals court has REJECTED Democrat Rep. LaMonica McIver’s immunity defense after she ASSAULTED ICE agents in Newark, 2-1
FAFO!🔥
Video shows McIver, in a red jacket, committing FEDERAL FELONIES by striking MULTIPLE ICE agents during a fit of entitled… pic.twitter.com/TZo5ELQ4Tt
— Nick Sortor (@nicksortor) August 26, 2026
The court did, however, vacate the district court’s ruling on Count Three, a broader charge covering alleged interference with officers generally, and sent it back for further review. Because that count does not specify a single discrete act, the appeals court said the trial judge must determine whether it includes any protected legislative activity and, if so, whether that portion can be separated.
The panel dismissed McIver’s remaining claims of selective or vindictive prosecution for lack of jurisdiction at this interlocutory stage. Judge Thomas Ambro dissented in part, arguing that Count Two could be viewed as incidental contact during an effort to re-enter the facility for the authorized inspection.
Charges against McIver were filed in June 2025 in connection with events at Delaney Hall, a privately operated facility used by Immigration and Customs Enforcement. McIver, a member of the House Homeland Security Committee, arrived with Reps. Rob Menendez and Bonnie Watson Coleman for an unannounced inspection. Newark Mayor Ras Baraka later arrived and was denied entry.
According to the June 10, 2025, indictment, McIver placed herself between Baraka and an HSI special agent (identified as Victim-1), slammed her forearm into the agent, and grabbed him as officers completed the arrest outside the gate. After the arrest, as she sought to re-enter the secured area, she allegedly pushed past an ICE deportation officer (Victim-2) while using her forearms to strike him.
The three counts charge violations of 18 U.S.C. § 111(a) for forcibly assaulting, resisting, impeding, or interfering with federal officers performing official duties. Counts One and Two are felonies each carrying a maximum of eight years, while Count Three is a misdemeanor carrying a maximum of one year. McIver has pleaded not guilty.
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