WASHINGTON, D.C. — This week, a divided panel of the U.S. Court of Appeals for the Third Circuit ruled that Rep. LaMonica McIver (D-NJ) is not immune from prosecution, allowing two of three federal charges against her to proceed to trial. McIver was charged after a May 2025 confrontation with ICE agents attempting to arrest Newark Mayor Ras Baraka during her congressional oversight visit to the Delaney Hall detention facility.
The indictment was initially brought by Alina Habba, Trump’s former personal attorney, while she was serving as New Jersey’s acting U.S. Attorney under an appointment two courts have since ruled unlawful.
“Rep. McIver went to Delaney Hall to do her job: conduct oversight of how this administration treats immigrants in its custody,” said Brett Edkins, Not Above the Law co-chair. “Trump’s Justice Department answered that oversight with a prosecution against a sitting member of Congress. We’ve watched this same playbook target James Comey and Letitia James: challenge Donald Trump, and his DOJ comes for you next. This ruling emboldens an administration that has already shown it will use federal prosecutors to punish anyone who seeks to hold Trump accountable. This administration’s campaign to criminalize dissent is unAmerican.”
The Not Above the Law coalition is co-chaired by Lisa Gilbert, Co-President of Public Citizen; Praveen Fernandes, Vice President of the Constitutional Accountability Center; Kelsey Herbert, Campaign Director at MoveOn; and Brett Edkins, Managing Director for Policy and Political Affairs at Stand Up America.
For questions about our work to hold Trump accountable or to request an interview with a Not Above the Law coalition leader, please email press@focalpointstrategygroup.com.