Two of the three judges on the U.S. Court of Appeals for the Third Circuit refused to dismiss the Department of Justice (DOJ) case against a Democratic representative surrounding a 2025 incident at an ICE facility.
Rep. LaMonica McIver (D-NY) visited Delaney Hall last year, an event that led to the arrest of Newark Mayor Ras Baraka. McIver was charged with assaulting and impeding federal officers.
Speaking to reporters following the incident, President Trump said of McIver’s charges, “The days of woke are over. That woman, I have no idea who she is. That woman was out of control. She was shoving federal agents. She was out of control. The days of that crap are over in this country. We’re going to have law and order.”
According to the ruling, “Like the acts charged in Count One, the acts of pushing past and forcibly striking someone are unambiguously non-legislative: they are not integral to the legislative process.”
However, Judge Thomas Ambro wrote in dissent, “When an Executive Branch official prevents a Member from entering a DHS facility, she is denied effective access to an oversight inspection.”
McIver issued a statement criticizing the ruling, declaring that “the court got it wrong here.”
“Today’s decision chills that authority and emboldens the Trump administration to continue persecuting our most vulnerable communities, those who try to defend them, and anyone who dares hold the president or his lackeys accountable. I will not fold to this administration. We are exploring every possible option. The administration will not stop me from doing my job or standing for what is right. This is not over.”
