NJ Congresswoman Wants Assault Charges Dropped, Points To Pardons For Jan. 6 Rioters

A congresswoman from New Jersey says that federal prosecutors with the Trump administration should toss assault charges that could send her to prison for 17 years – just like they did for the rioters who stormed the U.S. Capitol in January 2021.

Last week, attorneys for U.S. Rep. LaMonica McIver (NJ-10) submitted several pretrial motions in connection with an incident that took place outside Delaney Hall in Newark on May 9.

In one of the motions, McIver’s lawyers point to the recent pardoning of hundreds of people who attended the Capitol riot, including those who were seen on video “throwing explosives, beating federal officers with baseball bats and riot shields and spraying them with pepper spray.”

“This case charges [Rep. McIver] – a sitting Democratic member of Congress – with violating the same federal assault statute,” her legal team argued.

“But the similarity ends there,” they added.

Delaney Hall is the first federal immigration detention center to open under President Donald Trump’s second term. The controversial facility is run by the GEO Group, one of the largest private prison companies in the world.

Three months ago, a trio of Congress members – McIver, Rep. Bonnie Watson Coleman and Rep. Rob Menendez Jr. – visited Delaney Hall, demanding entry to carry out their “oversight authority” and inspect the prison firsthand. Congress members are legally authorized to enter federal immigration facilities, even without advance notice.

Their visit coincided with a pro-immigration protest – and the arrest of Newark Mayor Ras Baraka.

Homeland Security officials have accused the lawmakers of “storming the gate” at the prison, alleging that McIver slammed her forearm into the body of a law enforcement officer during the chaos and used her forearms to “forcibly strike” a second officer.

McIver has strongly denied the allegations against her, alleging that federal agents needlessly ramped up the confrontation and created chaos. She is also accusing Trump-appointed U.S. Attorney Alina Habba of being motivated politically to pursue the assault charges that could result in up to 17 years in prison if she’s convicted.

Federal authorities previously shared video footage from the scene and encouraged viewers to “check the tape.”

“Yes, check the tape,” insisted Baraka, sharing footage of the incident (see video below, McIver is wearing a red jacket).

“The aggression was from the people in masks, hiding their identity,” he said. “And the whole world has seen it.”

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Charges against Baraka were eventually dropped. No charges have been filed against Watson Coleman and Menendez.

McIver’s legal team is claiming that the charges are “unconstitutionally selective” and examples of “vindictive prosecution,” with the Trump administration dropping cases against the Jan. 6 rioters and pursuing a case against her – even though no federal agent was injured during the scuffle.

McIver represents the state's 10th congressional district, which includes the following municipalities: Caldwell, East Orange, Essex Fells, Irvington, Montclair (part), Newark (part), Orange, Verona, West Orange in Essex County; Jersey City (part) in Hudson County; Cranford, Garwood, Hillside, Kenilworth, Linden (part), Roselle, Roselle Park, Union Township in Union County.

A trial date is scheduled for Nov. 10.

• See Related: Accused Congresswoman Enters Plea After Clash Outside ICE Prison
• See Related: NJ Congresswoman Explains Controversial Comment On Trump, Musk
• Read More: NJ Mayor: Videos Show We Didn’t ‘Storm’ ICE Detention Center (WATCH)

TRUMP PARDONS

Shortly after being inaugurated for his second term, President Trump pardoned hundreds of defendants involved in the Jan. 6 riot at the U.S. Capitol, including dozens from the Garden State.

“This proclamation ends a grave national injustice that has been perpetrated upon the American people over the last four years and begins a process of national reconciliation,” Trump wrote.

Some New Jersey residents have blasted the pardons, calling them a “betrayal” to the law enforcement officers at the Capitol that day, while other residents contend that the pardons didn’t go far enough.

• See Related: 46 Jan. 6 Defendants From NJ Pardoned In Trump’s First Official Act

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