General Discussion

(Bloomberg) -- US Representative LaMonica McIver must face federal charges of assaulting law enforcement officers outside an immigration detention facility in her hometown of Newark, New Jersey, a judge ruled Thursday.

US District Judge Jamel Semper denied the Democratic lawmaker’s motion to dismiss two of the three charges against her, rejecting arguments that she was selectively or vindictively prosecuted, and that she is protected by legislative immunity. Semper said he’ll rule later on whether she’s protected by the Constitution’s “speech or debate” clause, which protects lawmakers from prosecution for performance of their official duties.

Lawyers for McIver argued that she engaged in regular oversight as part of her duties as a congresswoman. Delaney Hall is a 1,000-bed private detention facility used to support Trump’s mass deportation efforts. But Semper said the allegations — that she assaulted immigration officers while they tried to handcuff Baraka — undermined her argument.

“Defendant’s active participation in the alleged conduct removes her acts from the safe harbor of mere oversight,” Semper wrote in his ruling. “Lawfully or unlawfully, Defendant actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”