A Democratic lawmaker facing three counts of assaulting or impeding federal agents argues that the case against her should be thrown out, citing President Donald Trump's own presidential immunity case as the reason why she should have "legislative immunity" — a move that would backfire on the president and leave a "chilling effect."
Rep. LaMonica McIver (D-NJ) is fighting back against the Trump administration and is the "latest opponent of President Trump to try to have controversial federal charges against them" dropped, Politico reports Tuesday. McIver was one of several lawmakers arrested after a protest in May outside a Newark immigration center. She faces up to 17 years in prison if convicted next month at trial.
"Essentially, her lawyers argue members of Congress should have broad legal protection as they carry out oversight duties," according to Politico.
“Putting Congresswoman McIver on trial for exercising her constitutionally and statutorily vested duties … would deter other Members from conducting legitimate oversight,” her lawyers state.
Her legal team has cited Trump v. United States (2024) as precedent for her immunity request.
"Could Hill Democrats really end up benefiting from the same protections the president won last year? What a world," Politico reports. "Crucially, McIver wants the charges thrown out before trial because, as a lawmaker, she is not allowed to accept pro bono legal support in the way other targets of Trump’s DOJ have done. And lawfare is an expensive business. Dems argue that unless politically-charged prosecutions are dismissed before trial, they will have a chilling effect regardless of their outcome."
The case could have a significant impact on future legal proceedings for lawmakers and the president's inclination toward retribution.
"McIver’s supporters are billing her prosecution as another landmark moment for the U.S. justice system — essentially as a test case for how readily Trump’s DOJ can pursue Democratic members of Congress who seek to oppose and scrutinize his administration," Politico reports.
Trump and the DOJ argue "that nobody is above the law" and say she is guilty.
Politico reports that there is ample video footage from that day at the protest, including a video posted by reporter Ry Rivard on Instagram.
Democrats argue that Trump is weaponizing the justice system. McIver has said the case should be "thrown out on grounds of selective and vindictive prosecution," just as former FBI Director James Comey and his legal team argued Monday.
"Her lawyers question whether a Trump supporter would receive the same treatment, noting the president’s mass pardoning of Jan. 6 rioters after some of the most serious assaults on law enforcement imaginable," Politico reports.
Trump's close ally and former lawyer Alina Habba is pursuing the case. Habba was in court Monday to appeal a lower-court decision that she is in the position illegitimately, as she was never confirmed by the Senate. Federal appeal judges have appeared skeptical about Habba's position.
Several Democrats and opponents have accused Trump of weaponizing the justice system to go after his enemies.
In several months, Trump has pushed for high-profile charges against Comey, New York Attorney General Letitia James and former national security advisor John Bolton.
