A New Jersey Democrat arrested last year on charges of assaulting a federal officer is learning that her status as a member of Congress is not a license to commit crimes.
A federal appeals court has handed prosecutors a significant victory in the criminal case against Democratic Rep. LaMonica McIver, ruling that two of the three federal charges against her can move forward.
A three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled 2-1 Wednesday that the Constitution’s Speech or Debate Clause does not protect McIver from prosecution for the specific physical conduct alleged in the case.
McIver was charged last June following a confrontation with federal officers outside the Delaney Hall immigration detention facility in Newark, New Jersey, on May 9, 2025.
The Speech or Debate Clause generally protects members of Congress from being questioned or prosecuted over legitimate legislative activities, including certain congressional investigations and oversight work.