Remember LaMonica McIver? The House Democrat from New Jersey, along with two of her caucus colleagues and Newark mayor Ras Baraka, pulled a stunt at an ICE facility that turned into a brawl and nearly a riot. Videos of the brawl showed McIver committing battery on multiple ICE agents as the four Democrats and their supporters attempted to interfere with the intake of detainees to the facility.
Baraka got arrested at the time, but McIver’s assaults on officers drew the attention of acting US Attorney Alina Habba and a federal grand jury. The latter returned a three-count felony indictment against McIver late yesterday, which could result in her transfer from the House to the big house — for seventeen years:
Rep. LaMonica McIver (D-N.J.) was indicted Wednesday by a federal grand jury and plans to plead not guilty, according to statements from the congresswoman and the U.S. attorney’s office in New Jersey.
Why it matters: Acting U.S. Attorney Alina Habba said McIver is facing a three-count indictment for allegedly “forcibly impeding and interfering with federal law enforcement officers,” and faces up to 17 years in prison if convicted.
- McIver has denied the charges and said in a statement that “the facts of this case will prove I was simply doing my job and will expose these proceedings for what they are: a brazen attempt at political intimidation.”
“Doing my job” won’t fly in court as a defense. While Congress has oversight privileges on executive-branch agencies, that does not make each member of either chamber into some sort of Super Inspector. In fact, since each branch is separate and co-equal, members of Congress have no more right to demand access to executive branch facilities than the FBI has to congressional offices and their contents. (This came up during the investigation of Rep. William “Cold Cash” Jefferson, and the FBI was forced to return materials seized in a raid on his offices.) Access must be arranged and each branch can set terms for such access.
And of course, no part of McIver’s job involves pushing federal law-enforcement agents in an attempt to obstruct their legitimate operations. Once again, here’s the video of McIver’s assaults, made all the easier to track thanks to her signature red jacket:
If you’re going to assault law enforcement officers, maybe don’t do it on camera. And don’t do it in the middle of a PR stunt where the people you invite will record everything you do.
The indictment can be found here. The affidavit makes it clear why the grand jury issued the charges:
11. After numerous warnings to leave, and numerous warnings of potential arrest, the HSI agent announced he was going to place the Mayor under arrest. McIVER interjected, yelling “Hell no! Hell no! Hell no!” The HSI agent ordered the Mayor to put his hands behind his back and displayed his handcuffs. McIVER and other members of Congress surrounded the Mayor and prevented HSI from handcuffing him and taking him into custody.
12. McIVER initially remained inside the secured area as the Mayor was then moved outside the gate. Once outside, HSI agents again attempted to handcuff the Mayor. At that time, McIVER hurried outside towards the agents and attempted to thwart the arrest as others yelled “circle the Mayor.”
13. McIVER faced the Mayor and placed her arms around him. She and others encircled him in a ‘human shield’ effort to prevent HSI from completing the arrest that was initiated in the secured area. McIVER’s attempts to thwart the arrest included, but are not limited to the following acts.
14. McIVER slammed her forearm into the body of V-1, a uniformed HSI agent. She also reached out and tried to restrain V-1 by forcibly grabbing him.
15. Following the arrest, McIVER also pushed an ICE officer (V-2) and used each of her forearms to forcibly strike V-2 as she returned inside the secure area of the facility.
As I predicted, the grand jury indicted McIver under 18 USC 111, felony charges that carry a potential prison term of eight years each. Habba also charged McIver with another crime that carries a one-year term. If convicted, a judge could stack the sentences for a 17-year term, but it’s far more likely that a court would make the terms concurrent. A first-time offender would be unlikely to get the maximum either. However, a conviction would still likely get a firm prison term, even for a sitting member of Congress.
Let’s hope that Habba and the DoJ follow through and a jury makes it clear that — as Democrats keep insisting — that “no one is above the law.” It’s important to send a clear message in this case because McIver and her colleagues made it clear that they were declaring open season on ICE agents, and the riots in Los Angeles are a direct result of this malicious stunt in Newark. It’s long past time to send a message that violence and riots carry heavy consequences.
