House Democratic leadership sharply condemned the criminal charge announced Monday night against Rep. LaMonica McIver (D-N.J.), who is facing an assault charge stemming from a skirmish with law enforcement earlier this month at an U.S. Immigrations and Customs Enforcement (ICE) detention center in Newark, N.J.
In a joint statement, the House Democrats rejected the “assault” characterization of their colleague’s actions and suggested the rare charge against a sitting member of Congress reflects an effort to stifle oversight, which is permitted by law.
“The criminal charge against Congresswoman LaMonica McIver is extreme, morally bankrupt and lacks any basis in law or fact,” read the statement, signed by House Minority Leader Hakeem Jeffries (D-N.Y.), Minority Whip Katherine Clark (D-Mass.), Democratic Caucus Chair Pete Aguilar (Calif.), Caucus Vice Chair Ted Lieu (D-Calif.) and Assistant Leader Joe Neguse (D-Colo.).
“Members of Congress have a constitutional responsibility to conduct oversight of the executive branch wherever and whenever it is needed,” they continued. “We are lawfully permitted to show up at any federal facility unannounced to conduct an inspection on behalf of the American people.”
The lawmakers added, “By visiting the detention center in Newark, Rep. McIver and two other Members of Congress were upholding their oath of office.”
The announcement marks the first time President Trump’s Justice Department has criminally charged a sitting lawmaker during his second term, a major escalation stemming from a visit to the Delaney Hall ICE detention center earlier this month that McIver took with fellow New Jersey Democrats, Reps. Bonnie Watson Coleman and Rob Menendez, and with Newark Mayor Ras Baraka (D).
The House leaders, in their statement, pushed back on interim U.S. Attorney Alina Habba, who brought the charge, noting that when the New Jersey Democrats visited the facility, “they didn’t assault anyone, but were themselves aggressively mistreated by illegally masked individuals.”
The group also noted that after the alleged shoving took place, all three members of Congress were ultimately granted access to the facility and administration officials gave them a tour that lasted approximately one hour.
“There is no credible evidence that Rep. McIver engaged in any criminal activity, and she would not have been permitted to tour the facility had she done anything wrong,” Jeffries and the leadership team wrote.
The House Democrats called the initiated proceeding “a blatant attempt by the Trump administration to intimidate Congress and interfere with our ability to serve as a check and balance on an out-of-control executive branch,” and they pledged to respond in the coming days.
“House Democrats will not be intimidated by the Trump administration,” the statement said. “Not today. Not ever.”
“Everyone responsible for this illegitimate abuse of power is going to be held accountable for their actions,” the group continued. “An attack on one of us is an attack on the American people. House Democrats will respond vigorously in the days to come at a time, place and manner of our choosing.”
Other House Democrats similarly condemned the charge against their colleague.
New Democratic Coalition Chair Brad Schneider (D-Ill.) called the charge “yet another example of the Trump Administration’s continued assault on the rights and freedoms guaranteed to the American people and to Members of Congress who have the duty of oversight.”
Schneider said McIver “did nothing wrong” and is now the target of the Trump administration’s “lawless campaign of persecution.” He called on members of Congress to speak out against the charge.
“New Dems will not back down, and we refuse to be silenced,” Schneider wrote. “We will continue to advocate for Congresswoman McIver and will not rest until the precious rights and freedoms of every American are protected.”
Rep. Brendan Boyle (D-Pa.), ranking member on the House Budget Committee, learned his colleague had been charged during an interview on MSNBC Monday night and called the news “chilling.”
“The reason why they’re doing this is to shut me and my Democratic colleagues up. They’re doing it to make us afraid,” he said about the charge. “It’s not going to work. If anything, it will only strengthen our resolve.”
“But make no mistake about it, this is not normal. It is not the sort of thing that happens in a healthy democracy. It is truly chilling. And I would urge all of my colleagues, both Democrats and Republicans,” Boyle continued, urging his fellow Democratic and Republican colleagues to condemn the charge.
McIver also issued a statement online Monday evening condemning the charge. The lawmaker placed blame on the ICE agents for creating an “unnecessary and unsafe confrontation” and accused the administration of mischaracterizing her actions.
“The administration will never stop me from working for the people in our district and standing up for what is right,” she added.
