A federal judge this morning refused to dismiss the case against Rep. LaMonica McIver, denying two of her three dismissal requests, and saying that her actions were “wholly disconnected” from any oversight role as a member of Congress.
The first two dismissal requests had to do with selective prosecution and legislative immunity. The third dismissal request, which the judge is delaying until he sees more evidence, has to do with whether McIver is immune from prosecution under the Speech or Debate clause.
It might surprise you that this judge is a Biden appointee.
Here’s more from Politico:
A federal judge on Thursday declined to toss federal assault charges against New Jersey Rep. LaMonica McIver.
The first-term Democrat was charged with assaulting law enforcement officers following a chaotic scrum outside an immigration detention facility in May.
McIver argued that the prosecution — led by Alina Habba, a former personal attorney to President Donald Trump whom he picked to be the state’s top federal prosecutor — was unfair and that she was shielded from the charges by the Constitution’s “speech or debate” clause, which grants members of Congress a form of immunity that is mostly impenetrable in investigations relating to the official duties of lawmakers.
U.S. District Judge Jamel Semper, an appointee of former President Joe Biden, disagreed and refused to toss two of the three counts, while reserving judgment on a third until he sees more evidence.
“Defendant’s active participation in the alleged conduct removes her acts from the safe harbor of mere oversight,” he said. “Lawfully or unlawfully, Defendant actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”
McIver is accused in a three-count indictment of slamming a federal agent with her forearm, “forcibly” grabbing him and using her forearms to strike another agent. Allegations of physical violence by a sitting member of Congress are rare.
Jonathan Turley weighed in on this on X, writing:
A federal judge just rejected Rep. McIver's motion to dismiss. Despite many who insisted that the indictment was invalid and the underlying conduct protected, Judge Jamel Semper ruled that her actions were “wholly disconnected” from any oversight function as a member of Congress.
— Jonathan Turley (@JonathanTurley) November 13, 2025
…The ruling rejects the prior claim of Democratic members that they have a right to enter any ICE facility at any time as a matter of oversight, a view that some of us previously challenged. https://t.co/L2ntaQuN83
— Jonathan Turley (@JonathanTurley) November 13, 2025
…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