The DOJ’s attorney in New Jersey says her office will act on the decision by a federal grand jury to pursue charges against New Jersey Congresswoman LaMonica McIver (D-N.J.) over her allegedly illegal actions during a legal protest in front of a detention center in Newark, New Jersey, on May 9.
U.S. Attorney for the District of New Jersey Alina Habba said in a statement posted on X on Tuesday, “Today’s decision by the grand jury is the next step in a process that my Office will pursue to a just end.”
The grand jury, which is composed of at least 16 citizens, heard evidence from Habba’s office outlining a case against McIver in which she is accused of assaulting two federal agents outside the privately-run Immigration and Customs Enforcement (ICE) detention center.
A majority of the jury agreed on probable cause to believe a crime was committed by the subject in the case.
The grand jury proceedings are secret, and the accused does not have the right to present a defense or attend the proceedings. It serves as an additional layer of protection against criminal charges being pursued against U.S. citizens without sufficient evidence.
According to the DOJ’s complaint, McIver is charged with two counts of assaulting, resisting, and impeding an ICE agent and a Homeland Security Investigations special agent during the scuffle outside the Delaney Hall detention center.
She allegedly attempted to thwart the arrest of Newark Mayor Ras Baraka by making “forcible contact” with law enforcement officers after they ordered him to leave the facility’s secure area, as he was not part of the congressional delegation.
Delaney Hall, a 1,000-bed facility, was opened on May 1 detain illegal immigrants. The move triggered protests by activists and some Democratic politicians.
McIver has maintained her innocence.
“This indictment is no more justified than the original charges. I will not be intimidated,” she said.
“The facts of this case will prove I was simply doing my job and will expose these proceedings for what they are: a brazen attempt at political intimidation,” she said. “The facts are on our side, I will be entering a plea of not guilty, I’m grateful for the support of my community, and I look forward to my day in court.”
Habba said in her post, “As I have stated in the past, it is my Constitutional obligation as the Chief Federal Law Enforcement Officer for New Jersey to ensure that our federal partners are protected when executing their duties.
“While people are free to express their views for or against particular policies, they must not do so in a manner that endangers law enforcement and the communities those officers serve.”
If convicted, McIver faces a maximum penalty of 17 years in prison.
Aldgra Fredly and Reuters contributed to this report.
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