A Democratic congresswoman from New Jersey charged with assaulting two federal officers during a confrontation at a federal immigration detention facility in Newark had her first court appearance Wednesday, in which she was released with conditions on restricting her international travel.
U.S. Rep. LaMonica McIver‘s counsel argued in federal court in Newark that there was “zero chance” the congresswoman was a flight risk and that they wanted the restrictions amended to allow for vacation travel as well.
U.S. District Court Judge Stacey Adams proposed that the order stay in place, but indicated she was open to McIver traveling for vacation provided she let the court know ahead of time.
McIver, a former Newark council president who was elected last year to represent the 10th congressional district, is also ordered to surrender any firearms and firearm permits within 72 hours.
McIver was granted permission to show up virtually due to her being in Washington D.C. for congressional session. Her next appearance in court is slated for June 11 at 10 a.m. where she is required to show up in person.
She faces two counts of assaulting, resisting, or impeding certain officers or employees. Each carries a maximum of eight years — or 16 years total.
According to the complaint filed Monday in U.S. District Court for the District of New Jersey, McIver arrived at Delaney Hall on May 9, allegedly to conduct a congressional oversight inspection.
Newark Mayor Ras Baraka was arrested and charged with trespassing during the incident, but interim U.S. Attorney for New Jersey Alina Habba announced this week that those charges would be dropped.
McIver, while appearing on MSNBC on Wednesday, said the charges against her “absurd” and “political intimidation” from President Donald Trump‘s administration.
“The confusion and the chaos that you see was caused by ICE officials and Homeland Security,” she said. “They created this unnecessary situation by arresting the mayor, which later they dropped the charges, as you can see.”
Trump on Tuesday said McIver was “out of control” during the scuffle.
“She was shoving federal agents. She was out of control. The days of that crap are over in this country,“ the Republican president said. ”We‘re gonna have law and order.”
The visit coincided with an immigration protest rally taking place in the unsecured front area of the facility.
Perimeter cameras captured McIver and two other members of Congress entering the secure area through a gate that had briefly opened for a vehicle, the complaint states.
Shortly afterward, Baraka arrived and was initially denied entry but was later allowed in by a guard who mistakenly believed he was part of the congressional group.
While in the secure area, a Homeland Security Investigations (HSI) agent, approached the mayor and repeatedly ordered him to leave, warning that he would be arrested if he did not comply.
McIver and the other lawmakers overheard the exchange and challenged the agent, protesting the mayor’s removal, according to the complaint.
The agent explained that members of Congress had lawful authority to be in the secure area, but the mayor did not. Video shows him leaving the locked area to stand outside with the protestors.
Body camera video released by the federal government shows officers coming outside the gates 4 minutes later to arrest the mayor.
McIver and her peers physically blocked the agent from handcuffing the mayor by forming a “human shield,” the complaint alleges.
The complaint alleges McIver slammed her forearm into the HSI agent and attempted to restrain him by grabbing him.
Later, as she re-entered the secure area, McIver allegedly pushed and struck an ICE Deportation Officer, with her forearms, they allege.
McIver is charged with two counts of assaulting, resisting, or impeding federal officers, both involving physical contact while the officers were performing their official duties.
The allegations are based on witness statements, video surveillance, and body camera footage, according to HSI Special Agent Robert Tansey.
Please subscribe now and support the local journalism YOU rely on and trust.