A federal judge has indefinitely delayed Rep. LaMonica McIver (D-Newark)’s trial on assault charges, previously set to begin on Monday, while he mulls whether to toss the charges against her entirely.
District Judge Jamel Semper wrote in a brief order today that the November 10 trial is “adjourned without date pending resolution of the pretrial motions.”
McIver was charged with assault in May following a scuffle with federal immigration officers at the Delaney Hall immigrant detention center in Newark. The first-term congresswoman pleaded not guilty to the charges, and filed a series of motions over the summer arguing both that the indictment runs afoul of the Constitution’s Speech or Debate clause protecting official legislative acts and that the attempt to prosecute her is politically motivated.
At an October 21 hearing, Semper heard oral arguments from McIver’s legal team and from the Department of Justice, which has asked Semper to dismiss McIver’s efforts to derail the indictment. Two and a half weeks later, Semper has yet to issue a ruling on the matter.
There has, however, been some activity on a different motion to force the Trump administration to take down “extrajudicial statements” that denigrate McIver. Semper said during oral arguments that the Department of Justice needed to “redouble their efforts” to take down offending social media posts and statements, and some have been removed in the weeks since then, but McIver’s attorneys wrote in a new letter today that other prejudicial posts still remain available.
Also still lacking a resolution is a separate court decision over whether to allow disputed acting U.S. Attorney Alina Habba, who has led the prosecution against McIver, to continue serving in her role; three judges on the Third Circuit Circuit Court of Appeals heard arguments in that case on October 20, but have yet to come to a decision.
Hellbound and Down 