N.J. congresswoman indicted over fracas outside Newark ICE jail
Rep. LaMonica McIver, a Democrat, is accused of shoving federal authorities during a scuffle outside an ICE jail in Newark last month. (Dana DiFilippo | New Jersey Monitor)
A federal grand jury returned a three-count indictment against a New Jersey congresswoman who is accused of shoving federal authorities while Mayor Ras Baraka was being arrested for trespassing at an ICE jail in Newark last month, the U.S. Attorney's Office announced Tuesday.
The indictment charges Rep. LaMonica McIver (D-10) with assaulting, resisting, impeding, and interfering with federal officers, according to a copy obtained by the New Jersey Monitor (Habba's office did not release it Tuesday). Habba said the three charges carry a maximum penalty of 17 years in prison total.
'As I have stated in the past, it is my Constitutional obligation as the Chief Federal Law Enforcement Officer for New Jersey to ensure that our federal partners are protected when executing their duties. While people are free to express their views for or against particular policies, they must not do so in a manner that endangers law enforcement and the communities those officers serve. Today's decision by the grand jury is the next step in a process that my Office will pursue to a just end,' Habba wrote on social media.
McIver in a statement called the grand jury proceedings 'a brazen attempt at political intimidation.' She said she'll be entering a plea of not guilty.
'This indictment is no more justified than the original charges, and is an effort by Trump's administration to dodge accountability for the chaos ICE caused and scare me out of doing the work I was elected to do,' McIver said. 'But it won't work — I will not be intimidated.'
McIver was initially charged on May 19, about a week after Baraka was arrested outside Delaney Hall, a privately owned migrant jail that recently reopened amid President Donald Trump's mass detention and deportation efforts. Authorities later dropped the charge it filed against Baraka.
McIver and two other New Jersey House Democrats, Reps. Rob Menendez and Bonnie Watson Coleman, were visiting the jail May 9 for an unannounced visit, which is permitted by members of Congress. Baraka, a Democrat who at the time was running for governor, was there to check on the facility, which he had claimed owner Geo Group opened without obtaining proper city permits.
The indictment alleges the House members entered a secure area of the property while a gate opened to let a vehicle enter. It claims Baraka said he was part of the congressional members' entourage, was denied entry, and then allowed on the property when a guard working at the facility 'became concerned for (his) safety amidst the crowd of protesters.'
According to the indictment, Baraka was soon asked to leave the property, and a scuffle broke out when authorities moved to detain the mayor. When an agent announced Baraka would be placed under arrest, McIver shouted, 'Hell no! Hell no!' the indictment says. She then ordered others to circle the mayor in an attempt to 'thwart the arrest,' according to the indictment.
Department of Homeland Security officials have released videos that show McIver pushing past a federal agent and pushing another one on his shoulder. A complaint filed against her last month claims McIver 'slammed' her arm into an agent and tried to grab another.
McIver has maintained that she was acting lawfully and that the federal agents created an 'unnecessary and unsafe confrontation' when handcuffing Baraka.
Paul Fishman, attorney for McIver, said the legal process will expose the charges she faces as 'political retaliation against a dedicated public servant who refuses to shy away from her oversight responsibilities.'
Amol Sinha, executive director of the American Civil Liberties Union of New Jersey, blasted the indictment as 'an outrageous and unprecedented escalation of the Trump administration's intimidation campaign against those who refuse to do its bidding.'
'All public officials must immediately denounce this indictment,' he said in a statement Tuesday. 'Members of Congress must leverage their oversight powers to provide strong checks and balances on the Trump administration's shameful intimidation campaign and its cruel mass detention and deportation agenda.'
Last week, Baraka filed a lawsuit charging federal officials with malicious prosecution and false arrest.
Habba has previously said she is investigating Gov. Phil Murphy and state Attorney General Matt Platkin over the state's directive banning local law enforcement from assisting in civil immigration enforcement.
McIver, who represents parts of Hudson, Union, and Essex counties, including Newark, first joined Congress in September.
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