Biden-Appointed Judge Lets Assault Case Against Rep. McIver Proceed

Biden-Appointed Judge Lets Assault Case Against Rep. McIver Proceed

Rep. LaMonica McIver (D-NJ), who in June was indicted on three counts of “assaulting, resisting, impeding, and interfering with a federal officer” in an incident outside the Delaney Hall ICE Detention Facility in Newark on May 9th, has maintained all along that the actions she took that day at the facility related to her congressional oversight duties.  She’s also claimed that the DOJ engaged in selective prosecution.

On Thursday, a federal judge appointed by then-President Joe Biden cast doubt on those claims in a ruling on two of the three counts that not only allows the case to proceed but also debunks a few narratives along the way:

U.S. District Court Judge Jamel K. Semper, in a 41-page ruling, dismissed McIver’s claims that she is the victim of selective prosecution and that most of the charges she faces are barred by legislative immunity. Prosecutors allege McIver assaulted federal agents on May 9 at the Delaney Hall migrant jail in Newark as the agents moved to arrest Newark Mayor Ras Baraka.

“Defendant has not met her burden of establishing that her predominant purpose in physically opposing the Mayor’s arrest was to conduct oversight or gather information for a legislative purpose. No genuine legislative purpose was advanced by Defendant’s alleged conduct,” Semper wrote.

Similarly, Judge Semper rejected the January 6th-themed selective prosecution argument made by McIver’s legal team:

McIver cited the Jan. 6, 2021, riot at the U.S. Capitol as evidence of selective prosecution. But Semper agreed with prosecutors that her case cannot be compared to the cases of Jan. 6 rioters, because many of them were indeed prosecuted before President Donald Trump later pardoned them.

Further, the judge noted that “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.”

“Video evidence shows that Representative-1 and Representative-2 were also in close proximity to the Mayor and also advocated on his behalf, but did not physically contest his arrest,” Semper added.

McIver, of course, is not happy about the ruling but is vowing to fight on:

“I am disappointed in today’s decision. From the beginning, this case has been about trying to intimidate me, stop me from doing oversight, and keep me from doing my job. It will not work. I will keep standing up to protect people, and the court’s denial of my motions does not change that fact. I am not in this fight only for myself, and I am 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.”

George Washington University law school Professor Jonathan Turley believes that McIver ultimately will not prevail:

…Judge Jamel Semper is a Biden appointee who previously served as a federal prosecutor. The ruling is clearly correct and, while Rep. McIver may appeal, it is doubtful that she will be able to ultimately prevail in this extreme argument echoed by Democratic members and pundits.

— Jonathan Turley (@JonathanTurley) November 13, 2025

The full ruling can be read here. Semper has not yet ruled on Count Two, citing an ongoing review of the evidence.

– Stacey Matthews has also written under the pseudonym “Sister Toldjah” and can be reached via X. –

Donations tax deductible
to the full extent allowed by law.