NEWARK – Legislative representatives within and outside of “Local Talk” got mixed news from U.S. District Attorney-New Jersey District Alina Habba at about 9 a.m. May 20.
Habba, who was appointed by President Donald J. Trump in March, said she is dropping trespassing charges against Mayor Ras J. Baraka “for the sake of moving forward.” Baraka, on May 15, pleaded not guilty in federal court but was directed to be photographed and fingerprinted there for the second time since his May 9 arrest by ICE at Delaney Hall.
The bad news is that Habba has filed charges of two counts of assaulting, resisting and impeding a federal law enforcement officer against Cong. LaMonica McIver. McIver (D-Newark) was with fellow Representatives Rob Menendez (D-Union City) and Bonnie Watson Coleman and Baraka at Delaney Hall’s gates May 9. “No one’s above the law – politicians or otherwise,” said Habba May 17-18. “It’s the job of this office to uphold justice impartially, regardless of who you are.”
Habba’s criminal complaint involves her scuffling with a federal officer while they were handcuffing Baraka and drawing him back through Delaney’s gates. A CNN reporter was told that Habba attempted to negotiate a plea deal with McIver between May 9 and 16 but McIver “declined.”
McIver, the former Central Ward Councilwoman and Council President, countered that prosecutors “wanted me to admit to something I did not do. They mischaracterize and distort my actions and are meant to criminalize and deter legislative oversight. I look forward to the truth being laid out clearly in court.”
McIver, Menendez and Coleman Watson came to Delaney Hall May 9 to inspect conditions in Delaney Hall, which has been used by ICE, HHS and the GEO Group to detain potential deportees.
GEO and the feds said they had to make an appointment; the Congress members said they did not need to as federal legislators. The trio were eventually let in to inspect later May 9.
McIver becomes the first sitting Congress member to be criminally charged during Trump’s second administration – and she may have company. US DOJ has contemplated bringing similar charges against Menendez and Coleman Watson since May 9 – but, as of 3 p.m. May 20, has not.
“We actually have body camera footage of these members of Congress assaulting these ICE enforcement officers,” said DHS spokeswoman Tricia McLaughlin May 10, “including body slamming a female ICE officer.”
Some of federal officials’ comments tend to fall into a line that Baraka and Congress members were “storming” Delaney Hall.
Representative Earl “Buddy” Carter (R-Ga.), over May 10-11, introduced a resolution that would strip McIver, Menendez and Watson-Coleman of their committee assignments.
“The radical left have lost their minds – they would rather raid an ICE facility to defend criminal illegal immigrants that represent their own constituents,” said Carter. “This behavior constitutes an assault on our brave ICE agents and undermines the rule of law.”
McIver Issues Statement on Charges
Congresswoman LaMonica McIver (NJ-10) released the following statement responding to charges brought against her:
“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.”
Rep. Watson Coleman Statement on Charges Against Congresswoman McIver
Today (May 19), after the Trump administration announced it was pursuing criminal charges against Congresswoman LaMonica McIver, Rep. Bonnie Watson Coleman issued the following statement:
“This case is an assault on civil liberties and an attempt to silence political opposition. I was with Congresswoman LaMonica McIver and Congressman Rob Menendez at Delaney Hall and I saw what happened. These allegations are simply incorrect and inconsistent with the facts. We were present to exercise our oversight responsibilities and in my view, the ICE agents needlessly chose to create a tense and dangerous situation by arresting Mayor Baraka.
“This prosecution is wrong and alarming, as it is just one more example of the Trump administration ignoring the rule of law and attempting to run roughshod over the other branches of government – here, the Congress. Everyone who values democratic principles should join me in demanding that the U.S. Attorney withdraw these baseless charges.”
Sen. Booker Statement on DOJ’s Charges Against Rep. LaMonica McIver
This evening (May 19), U.S. Senator Cory Booker (D-NJ) issued the following statement:
“These charges are clearly unfounded. Representative McIver was exercising her legally protected authority as a member of Congress to conduct oversight of a detention center that receives millions of taxpayer dollars. Federal officials unnecessarily escalated what should have been a run-of-the-mill inspection of the facility. In fact, Representative McIver’s actions were so unremarkable that she was invited back inside to finish her tour that day, after these events took place.
“Pursuing this case against Representative McIver will divert considerable resources away from serious matters of public safety. The Department of Justice should drop these charges immediately.”
