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Acting US Attorney for the District of New Jersey Alina Habba announced on Monday evening that her office has filed charges against Rep. LaMonica McIver for "assaulting, impeding and interfering with law enforcement" during an incident earlier in May that saw McIver and other Democrat lawmakers breach a New Jersey ICE detention facility.
McIver was seen on body camera footage pushing her way past security into the gates of Delaney Hall. The Newark mayor was arrested.
"I take my obligations as US Attorney seriously. I understand the responsibility that comes with my position, and I will work diligently to uphold the law and deliver justice to the people of New Jersey," Habba wrote. "After extensive consideration, we have agreed to dismiss Mayor Baraka’s misdemeanor charge of trespass for the sake of moving forward."
She added that "in the spirit of public interest, I have invited the mayor to tour Delaney Hall. The government has nothing to hide at this facility, and I will personally accompany the mayor so he can see that firsthand."
She noted that "the dismissal against the mayor is not the end of this matter. Congressional oversight is an important constitutional function and one that I fully support. However, that is not at issue in this case."
"Representative LaMonica McIver assaulted, impeded, and interfered with law enforcement in violation of Title 18, United States Code, Section 111(a)(1). That conduct cannot be overlooked by the chief federal law enforcement official in the State of New Jersey, and it is my Constitutional obligation to ensure that our federal law enforcement is protected when executing their duties."
"I have persistently made efforts to address these issues without bringing criminal charges and have given Representative McIver every opportunity to come to a resolution, but she has unfortunately declined. No one is above the law — politicians or otherwise. It is the job of this office to uphold justice impartially, regardless of who you are. Now we will let the justice system work," Habba concluded.
McIver said in a statement after the charges were filed, "Earlier this month, I joined my colleagues to inspect the treatment of ICE detainees at Delaney Hall in my district. We were fulfilling our lawful oversight responsibilities, as members of Congress have done many times before, and our visit should have been peaceful and short."
"Instead, ICE agents created an unnecessary and unsafe confrontation when they chose to arrest Mayor Baraka. The charges against me are purely political—they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight. This administration will never stop me from working for the people in our district and standing up for what is right. I am thankful for the outpouring of support I have received and I look forward to the truth being laid out clearly in court."
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