Federal Criminal Cases
U.S. v. Rep. McIver
Major Issue: Whether a Member of Congress may be prosecuted for actions resulting from efforts to exercise her official duties pursuant to a statutory right to access immigration detention facilities for the purpose of conducting oversight.
Case Status: Awaiting hearing on Motions to Dismiss.
Case Description: On May 9, 2025, Rep. LaMonica McIver was involved in an incident while attempting to access the Delaney Hall immigration facility in Newark, New Jersey in which agents sought to arrest Newark Mayor Ras Baraka. Although prosecutors subsequently dropped charges against the mayor, they filed new charges against Rep. McIver for allegedly interfering with the mayor’s arrest. In August, Rep. McIver moved to dismiss the case and provided new details, including that the mayor’s arrest was personally ordered by the Deputy Attorney General.
Procedural Posture: On June 10, 2025, Rep. LaMonica McIver was indicted for impeding the arrest of the Mayor of Newark. Case Number 2:25-cr-388 was assigned to District Court Judge Jamel K. Semper. Rep. McIver filed Motions to Dismiss based on selective enforcement and prosecution, vindictive prosecution, and legislative immunity.
Magistrate and District Court Proceedings
On June 10, 2025, Rep. McIver was indicted for impeding the arrest of the Mayor of Newark. On August 15, 2025, she filed Motions to Dismiss the charges based on selective enforcement and prosecution, vindictive prosecution, and legislative immunity. She also filed motions to compel discovery and restrain extrajudicial statements. Prosecutors filed their Opposition on September 15, 2025, and Rep. McIver filed Replies on September 25, 2025.
- 2025-05-19 Criminal Complaint (8 pages)
- 2025-05-21 Order Setting Conditions of Release (3 pages)
- 2025-06-10 Indictment (7 pages)
- 2025-06-12 Travel Order (1 page)
- 2025-06-25 Scheduling Order (2 pages)
- 2025-06-30 Order for Continuance (3 pages)
- 2025-08-15 McIver Notice of Motion to Compel Discovery (2 pages)
- 2025-08-15 Notice of Motion to Dismiss Based on Legislative Immunity (2 pages)
- 2025-08-15 Memorandum of Law in Support of Congresswoman McIver Motion to Dismiss based on Legislative Immunity (37 pages)
- 2025-08-15 Declaration of Lee Cortes in Support of Congresswoman McIver Motion to Dismissed based on Legislative Immunity (3 pages)
- 2025-08-15 Exhibit A in Support of McIver Motion to Dismiss based on Legislative Immunity (1 page)
- 2025-08-15 Exhibit B in Support of McIver Motion to Dismiss based on Legislative Immunity (1 page)
- 2025-08-15 Exhibit C in Support of McIver Motion to Dismiss based on Legislative Immunity (1 page)
- 2025-08-15 Exhibit D in Support of McIver Motion to Dismiss based on Legislative Immunity (1 page)
- 2025-08-15 Exhibit E in Support of McIver Motion to Dismiss based on Legislative Immunity (1 page)
- 2025-08-15 Exhibit F in Support of McIver Motion to Dismiss based on Legislative Immunity (1 page)
- 2025-08-15 Exhibit G in Support of McIver Motion to Dismiss based on Legislative Immunity (1 page)
- 2025-08-15 Exhibit H in Support of McIver Motion to Dismiss based on Legislative Immunity (1 page)
- 2025-08-15 Exhibit I in Support of McIver Motion to Dismiss based on Legislative Immunity (1 page)
- 2025-08-15 Exhibit J in Support of McIver Motion to Dismiss based on Legislative Immunity (1 page)
- 2025-08-15 Exhibit K in Support of McIver Motion to Dismiss based on Legislative Immunity (10 pages)
- 2025-08-15 Exhibit L in Support of McIver Motion to Dismiss based on Legislative Immunity (2 pages)
- 2025-08-15 Exhibit M in Support of McIver Motion to Dismiss based on Legislative Immunity (4 pages)
- 2025-08-15 Notice of Motion to Dismiss Based on Selective Enforcement and Prosecution, And Vindictive Prosecution (2 pages)
- 2025-09-10 Paul J Fishman Joint Letter Regarding Discovery and Motion to Dismiss (2 pages)
- 2025-09-10 Exhibit A Supporting Letter (7 pages)
- 2025-09-10 Exhibit B Supporting Letter (2 pages)
- 2025-09-15 Memorandum in Opposition to McIver Motion to Dismiss to Compel Discovery and to Restrain Extrajudicial Statements (90 pages)
- 2025-09-15 Exhibit A Supporting Memorandum (3 pages)
- 2025-09-15 Exhibit B Supporting Memorandum (25 pages)
- 2025-09-25 McIver Reply in Support of Motion to Compel Discovery (15 pages)
- 2025-09-25 McIver Reply in Support of Motion to Dismiss Based on Selective Enforcement and Prosecution and Vindictive Prosecution (17 pages)
- 2025-09-25 McIver Reply in Support of Motion to Restrain Government Extrajudicial Statement (12 pages)
- 2025-09-25 Declaration of Lee Cortes in Support of McIver Reply Briefs (7 pages)
- 2025-09-25 Exhibit N in Support of McIver Reply Briefs (3 pages)
- 2025-09-25 Exhibit O in Support of McIver Reply Briefs (3 pages)
- 2025-09-25 Exhibit P in Support of McIver Reply Briefs (3 pages)
- 2025-09-25 Exhibit Q in Support of McIver Reply Briefs (3 pages)
- 2025-09-25 Exhibit R in Support of McIver Reply Briefs (3 pages)
- 2025-09-25 Exhibit S in Support of McIver Reply Briefs (3 pages)
- 2025-09-25 Exhibit T in Support of McIver Reply Briefs (3 pages)
- 2025-09-25 Exhibit U in Support of McIver Reply Briefs (3 pages)
- 2025-09-25 Exhibit V in Support of McIver Reply Briefs (3 pages)
- 2025-09-25 Exhibit W in Support of McIver Reply Briefs (1 page)
- 2025-09-25 Reply in Support of McIver Motion to Dismiss Based on Legislative Immunity (16 pages)
Appeals Court Proceedings
No proceedings to date.
Supreme Court Proceedings
No proceedings to date.