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The Justice Department accused Rep. LaMonica McIver (D-N.J.) of having “slammed her forearms” into immigration officers during a scuffle outside a U.S. Immigration and Customs Enforcement (ICE) detention center as officers attempted to arrest Newark’s mayor.
The criminal complaint, made public Tuesday, provides the most detailed picture yet of why federal prosecutors believe McIver’s actions amount to the federal crime of assaulting federal law enforcement, a felony charge.
The document repeatedly accuses McIver of attacking agents with her forearms. The filing includes a number of still images showing the New Jersey lawmaker’s arms pushed against the back of a masked officer.
However, video footage of the incident paints a more complex picture, one in which McIver is seen being jostled between agents in a chaotic scene where lawmakers and New Jersey elected officials clashed with immigration officers.
McIver is charged with two counts of assaulting federal employees engaged in their official duties, one corresponding to an ICE officer and the other a Homeland Security Investigations (HSI) agent. If convicted, the charge can carry up to eight years in prison.
The filing offers other details about the day, including how the situation escalated as ICE agents started to arrest Newark, N.J., Mayor Ras Baraka (D). McIver, along with fellow New Jersey Democratic Reps. Bonnie Watson Coleman and Rob Menendez, have all accused ICE of escalating the conflict.
“After numerous warnings to leave, and numerous warnings of potential arrest, the HSI agent announced he was going to place the Mayor under arrest. McIVER interjected, yelling ‘Hell no! Hell no! Hell no!’ The HSI agent ordered the Mayor to put his hands behind his back and displayed his handcuffs. McIVER and other members of Congress surrounded the Mayor and prevented HSI from handcuffing him and taking him into custody,” according to the filing.
“At that time, McIVER hurried outside towards the agents and attempted to thwart the arrest as others yelled ‘circle the Mayor,’” it continued. “McIVER faced the Mayor and placed her arms around him. She and others encircled him in a ‘human shield’ effort to prevent HSI from completing the arrest that was initiated in the secured area.”
The filing then detailed McIver using her forearms to engage in “forcible contact.”
McIver’s first court appearance has not been scheduled.
Speaking with CNN on Tuesday, McIver said the Justice Department initially tried to offer a plea agreement surrounding the matter, but she declined, saying they were pressuring her to make a false admission.
“Well, the Justice Department and [interim U.S. Attorney for New Jersey] Alina Habba wanted me to admit to doing something that I did not do, and I was not going to do that once again. I came there to do my job and conduct an oversight visit, and they wanted me to say something differently, and I’m not doing that,” McIver said Tuesday on CNN. “I’m not going to roll over and stop doing my job because they don’t want me to, or they want to neglect the fact that we needed to be in there to see what was going on and that detention center, and so, absolutely, no, I was not going to do that.
“[I’m] definitely always open to conversations, but I’m not going to admit to something that I did not do, and no one’s going to stop me from serving the people in New Jersey.”