Pirate's Cove

As Joe Biden wrote, no one is above the law

Let’s go to the Globe

The Justice Department plans to bring charges against Rep. LaMonica McIver (D-Newark) following a scuffle with federal immigration agents last week at Newark’s Delaney Hall detention center, three sources speaking on the condition of anonymity confirmed to the New Jersey Globe.

Much is still unknown about the case against the freshman congresswoman, but interim U.S. Attorney Alina Habba could announce charges as early as today. McIver may turn herself in this afternoon, the New Jersey Globe learned; she’ll be represented by Paul Fishman, the U.S. Attorney for New Jersey during the Obama administration.

Partway through the visit, Baraka was arrested by federal authorities; they claimed he was trespassing, while he maintained that he had followed their directions and left when they instructed him to. Baraka’s arrest prompted a scuffle among the three representatives, ICE agents, and a group of protesters who had gathered at Delaney Hall’s gate; both sides have claimed that the other was the aggressor in the fight, which seems to have caused no reported injuries.

Video footage shows the fight to have been a general scramble. McIver in particular forcefully attempted to protect Baraka both physically and verbally as he was led away, which may be the basis for charges against her, though claims from some Republicans that she body-slammed or punched ICE officers are more dubious based on the footage available. (Menendez and the 80-year-old Watson Coleman were also involved in the melee, but there’s less video evidence of them physically engaging with agents, perhaps explaining the Justice Department’s focus on McIver.)

What could the charges be? Assaulting a federal law enforcement officer. Obstructing/delaying an arrest (we call it RDO in NC “resisting, delaying, obstructing”). Felonies.

It matters not if she was in the course of performing her duties as a member of Congress

In Article I, Section 6, Clause 1, the Framers provided for Members of Congress to be free from arrest when attending or traveling to and from Congress except in cases of treason, felony, or breaches of the peace.1 In interpreting this provision, the Supreme Court has held that the phrase treason, felony, and breach of the peace encompasses all criminal offenses.2 Consequently, Members are only privileged from arrests arising from civil suits, which were common in America at the time the Constitution was ratified.3

She was not at the Capitol Bldg, nor traveling to or from it. So, yes, she can be arrested, charged, and tried for her actions, and convicted. And jailed. They are not above the law.

I set this to post at 3pm: let’s see if she is arrested before then. Or even in the next few days.