XPost: alt.sodomites.barack-obama, alt.fan.rush-limbaugh, talk.politics.guns XPost: sac.politics
https://media.townhall.com/cdn/hodl/2025/132/1bcb738f-ef23-4f94-95f3- 89dbf7c3d792-1052x615.jpg
As Democrats loved to remind us ad infinitum, over the last few years: No
one is above the law. Right? Right?
Looks like we'll soon find out. The New Jersey Globe reports that one
House Democrat will face federal charges for her role in an assault on an
ICE facility a week ago that made national news. Rep. LaMonica McIver was caught on video allegedly assaulting law enforcement officials who
attempted to arrest Newark Mayor Ras Baraka for illegally pushing his way
into the compound, touching off a small riot at the gate:
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. ...
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.)
As John noted last night, Baraka had to appear in court on trespassing
charges yesterday, and he was not happy about it. Baraka turned it into a
rally for his expected gubernatorial bid after his brief appearance in
court, but he'll be back again in July for a trial unless all sides settle
the case. Baraka claims that he has the authority to inspect the facility
on demand for potential city code violations, but ICE facilities are
federal and are governed first by federal law. If Baraka wanted a tour, he would have to make those arrangements. (Also worth noting: mayors do not usually conduct code inspections, even for facilities that are not federal
in nature.)
Even if Baraka did get arrested in error, however, interfering with that
arrest is obstruction of a law enforcement officer, and putting hands on
an LEO is battery -- a felony in that circumstance. It's not yet clear
what charges Habba will bring, but the video makes a case for obstruction
and battery regardless of whether a body-slam took place or not. McIver is wearing a red jacket and can clearly be seen physically engaging ICE
security forces as Baraka gets taken into custody:
https://youtu.be/IYF0wTbG9Ug
Watch the whole thing to see McIver and her fellow House Dems telling law enforcement that they are "federal officials" and not allowed to touch
them. The potential battery starts about midway through the video and
continues until McIver pushes her way inside the gate, at which point the
LEOs are more concerned about controlling the crowd that the Democrats
incited into mob action.
Does that qualify as obstruction and battery? YMMV, but in fact, 18 USC
111 doesn't even require physical contact to prosecute this circumstance
as a felony. Just the attempt to obstruct Baraka's arrest through
intimidation could get a convicted defendant up to eight years in prison:
(a)In General.—Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or
interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
(2) forcibly assaults or intimidates any person who formerly served as a
person designated in section 1114 on account of the performance of
official duties during such person’s term of service,
shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year,
or both, and where such acts involve physical contact with the victim of
that assault or the intent to commit another felony, be fined under this
title or imprisoned not more than 8 years, or both.
That right there is the law. And no one is above it, right?
Well, maybe. I suspect that when McIver's claims that she didn't commit
the crime meet the clear evidence in this video, her defense team will
fall back to the Speech and Debate Clause in Article I, Section 6 of the Constitution. But that may not work either, for reasons which are apparent
in the plain language:
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the
United States. They shall in all Cases, except Treason, Felony and Breach
of the Peace, be privileged from Arrest during their Attendance at the
Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
McIver will claim that she was conducting congressional oversight on the
ICE facility and therefore was part of the work in this open session of Congress. That would make her "privileged from Arrest," right? Not
exactly. The video clearly shows this as a "Breach of the Peace" under any possible definition of that term, which is a clear exemption from the
clause. And not just that, but if Habba charges 18 USC 111, it's also a
felony. The clause exists to keep local and state law enforcement from
unduly impeding Representatives and Senators from attending Congress over
petty infractions and misdemeanors, not providing them a Get Out of Jail
Free card for inciting riots at federal facilities.
In the days before Democrats embraced lawfare for political purposes, this
kind of matter would likely have been handled quietly by the House and the caucus. After the weaponization of government not just against Donald
Trump but also against pro-life activists, foolish rioters on Capitol
Hill, and the suppression of dissent and debate, the gloves are now off on
both sides. FAFO is now the law, for better or worse.
https://hotair.com/ed-morrissey/2025/05/16/new-doj-to-indict-house-dem-in- ice-assault-n3802839
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