Judge refuses to toss assault case against New Jersey Democrat

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A federal judge on Thursday rejected Rep. LaMonica McIver’s (D-N.J.) claims the Trump administration is selectively and vindictively prosecuting her for accusations she assaulted agents during a visit to an immigration facility in May.

U.S. District Judge Jamel Semper’s ruling enables McIver’s prosecution to proceed closer to trial, denying her bid to immediately dismiss the criminal charges. McIver pleaded not guilty.

“Defendant has failed to offer clear evidence that the charges in this case had a discriminatory effect, thus her claims of selective enforcement and prosecution must fail,” wrote Semper, an appointee of former President Biden.

Semper’s 41-page ruling also largely rejected McIver’s arguments that she is immune under the Constitution’s Speech and Debate Clause, which protects lawmakers for things they say or do as part of their legislative activities. But the judge said he’d rule on the defense later for one of the three counts.

“I am disappointed in today’s decision,” McIver said in a statement. “From the beginning, this case has been about trying to intimidate me, stop me from doing oversight, and keep me from doing my job. It will not work.”

“I will keep standing up to protect people, and the court’s denial of my motions does not change that fact. I am not in this fight only for myself, and I am concerned that this decision will simply embolden the administration. This case is not over. I am committed to protecting my community, our people, and our country,” she added.

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