The Department of Justice charged Democratic Rep. LaMonica McIver with assaulting federal law enforcement during a chaotic melee that erupted outside of an ICE detention facility in her home state of New Jersey, acting US Attorney Alina Habba said Monday.
Prosecutors will, however, drop the federal trespassing charge against Newark Mayor Ras Baraka, who was arrested during the confrontation, Habba said in a news release.
The scuffle outside the detention facility as protesters, lawmakers and Homeland Security officers pushed against each other, thrust the political battle between the administration and Democratic lawmakers over President Donald Trump’s hardline immigration policy agenda into a new stage – charging a federal lawmaker with criminal wrongdoing.
“No one is above the law — politicians or otherwise,” Habba said, accusing McIver of assaulting, impeding and interfering with law enforcement. “It is the job of this office to uphold justice impartially, regardless of who you are.”
McIver said in a statement that the charges against her “are purely political-they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight.”
The DOJ and McIver had attempted to negotiate a plea deal that would have averted charges, sources familiar with the matter told CNN. Habba said in her statement Monday that McIver “declined” the department’s attempts to “come to a resolution.”
It is unclear whether the Justice Department will charge the two other members of Congress who were with McIver at the detention facility, Democratic Reps. Bonnie Watson Coleman and Robert Menendez Jr.
The incident, which took place on May 9, began as the three members of Congress visited the ICE detention facility in Newark, which they claimed was not up to date on necessary permits.
Once the visit at the facility concluded, Baraka tried to join lawmakers and went inside the gate to the facility. Baraka complied with federal agents who told him to leave but was arrested as soon as he left the facility’s fenced-in area.
McIver and other protesters surrounded Baraka as federal agents forced their way through the group to make the arrest. Habba said Monday that she is dropping the charge against Baraka “for the sake of moving forward” and said she invited the mayor to visit the detention center with her.
“I am glad that the U.S. Attorney has agreed that this case should be dismissed,” Baraka said in a statement, saying he would look for areas of possible cooperation on issues with Habba, while vowing to continue to push the ICE facility to ensure compliance with city regulations.
Later Monday, the mayor told CNN’s Abby Phillip that he believed McIver will be vindicated in court.
“I didn’t see any of those things happen,” Baraka said on “NewsNight” of the assault allegations. “So I think that the congresswoman will be vindicated.”
Video taken during the scrum appears to show McIver using her body to push past federal agents and get to Baraka as he was being taken away in handcuffs. It also shows McIver using her arms to push agents.
DHS officials including Secretary Kristi Noem have alleged McIver assaulted law enforcement, with the secretary saying on Capitol Hill Wednesday that the lawmakers’ behavior was “lawlessness” and “beneath this body.”
McIver previously rejected allegations that she assaulted the federal officers, telling CNN’s Dana Bash on “State of the Union” Sunday that “I honestly do not know how to body slam anyone, and there’s no video that supports me body slamming anyone.”
Paul Fishman, an attorney for McIver, said the charges were an attempt to shift blame for the clash from immigration officers.
“As a member of Congress, she has the right and responsibility to see how ICE is treating detainees,” Fishman said. “Rather than facilitating that inspection, ICE agents chose to escalate what should have been a peaceful situation into chaos.”
House Democratic leadership quickly condemned the prosecution of McIver as “extreme, morally bankrupt” and lacking “any basis in law or fact.”
“The proceeding initiated by the so-called U.S. Attorney in New Jersey is a blatant attempt by the Trump administration to intimidate Congress and interfere with our ability to serve as a check and balance on an out-of-control executive branch,” House Minority Leader Hakeem Jeffries and several other members of the caucus’ leadership said in a statement. “Everyone responsible for this illegitimate abuse of power is going to be held accountable for their actions.”
This story has been updated with additional details.
CNN’s Piper Hudspeth Blackburn contributed to this report.
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