Congresswoman Accused of Making ‘Forcible Contact’ with Federal Agents

Details about federal assault charges filed against a New Jersey member of Congress were made public in charging documents released on Tuesday.

On Monday, Democratic Representative LaMonica McIver faced charges for two counts relating to assaulting, resisting, and obstructing federal officers following a chaotic confrontation at a Newark federal immigration detention center earlier this month.

The events occurred on May 9 at Delaney Hall, a facility managed by Immigration and Customs Enforcement (ICE) which had recently resumed operations. The altercation happened when Newark Mayor Ras Baraka sought to join McIver and two other New Jersey congressional representatives, Bonnie Watson Coleman and Robert Menendez Jr., as they engaged in their congressional oversight duties.

A misdemeanor trespassing charge was first filed against Baraka. New Jersey interim U.S. Attorney Alina Habba said her office dismissed that count this week “for the sake of moving forward” while charging McIver with the more serious offense. In the charging document, authorities appear to argue she committed felony violations of federal law by “forcibly” touching two federal agents.

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In the law enforcement narrative, the entire reason for McIver’s presence at the ICE facility is called into question. The document asserts she arrived at Delaney Hall “allegedly to conduct a congressional oversight inspection” while noting the “visit took place in tandem with an immigration protest rally” in the front “unsecured” area of the facility.

Baraka’s presence is cited as key to what transpired.

“Once the group entered the secured area, the Mayor arrived thereafter at the facility and was told he could not enter without authorization,” the document reads. “However, the Mayor returned with members of his security detail and was able to enter inside the gate because the guard was under the impression that the Mayor was part of the Congressional delegation.”

Authorities allege one federal agent — a Homeland Security Investigations employee — approached McIver and Baraka while they were in a secure area of the facility and “ordered” the mayor “to leave the facility’s secure area.” The document goes on to say the agent spent “approximately five minutes repeatedly ordering” Baraka to “leave and issued multiple warnings that he would be arrested if he did not do so.”

McIver and the other members of Congress allegedly overheard and interjected — “protesting” Baraka’s removal and being told by the agent that “Congress people are different.” Authorities say this phrase indicated “members of Congress had lawful authority to be there, and that the Mayor did not.” Additional warnings to leave and threats to arrest Baraka were leveled, authorities allege.

Eventually, the agent decided to arrest Baraka, and announced his intention to do so, according to the charging document — allegedly much to the chagrin of McIver and her congressional colleagues.