President Donald Trump’s lawsuit against Democratic Representative LaMonica McIver “will be rejected in court,” says an attorney and former diplomat.
New Jersey Representative LaMonica McIver was charged on Monday with “assaulting, impeding, and interfering with law enforcement,” following a clash with Immigration and Customs Enforcement (ICE) officials at a detention facility in New Jersey. This was announced
Norm Eisen, a senior fellow in governance studies at the Brookings Institute and former ambassador to the Czech Republic under President Obama, told an MSNBC panel that the Justice Department (DOJ) will drop the case, but “they don’t care if they lose,” because “the process is the punishment,” meaning the Donald Trump administration is taking people to court in order to make their lives harder even if the case ends up being thrown out.
The Department of Justice has been contacted via email for comment outside of regular office hours.
Why It Matters
McIver was the first member of Congress to be charged in connection to Trump’s deportation push—and followed the arrest of Milwaukee County Circuit Court Judge Hannah Dugan in April, who is accused of helping an illegal immigrant evade arrest by ICE agents.
The president has attempted to implement sweeping executive orders and policy changes during his second term, but some of these have faced accusations of being unconstitutional or retaliatory. Critics have warned against Trump’s efforts to use presidential power to punish detractors and perceived enemies.
What To Know
Democratic Representatives McIver, Bonnie Watson Coleman and Rob Menendez, along with Newark Democratic Mayor Ras Baraka, were outside the Delaney Hall detention center on May 9, urging federal officials to allow them inside so they could observe conditions at the facility.
All four officials were allowed into the center and the three congressional Democrats tried to include Baraka—who had been denied entry into Delaney Hall three days prior—in their conversations.
A scuffle soon broke out between U.S. Immigration and Customs Enforcement (ICE) agents, protesters at the entrance and the four Democrats. Baraka was subsequently arrested and taken into custody by ICE, an experience he described as “humiliating,” adding: “I didn’t do anything wrong.”
McIver was accused by Alina Habba, Trump-appointed interim U.S. attorney for New Jersey, of attacking ICE agents, a charge she has vehemently denied.
While members of the Trump administration said Mayor Baraka was “storming” the facility, McIver and Baraka said he was using his powers of oversight to inspect the building.
Mayor Baraka was charged with federal trespassing, but had his charges dropped by Habba.
Video footage of the incident shows McIver being grabbed by several people, some officers and some people who appear to be civilians, and moving her elbow back, saying, “get your hands off of me.”
Video shared w/ @Axios of the moment Newark Mayor Ras Baraka was arrested: https://t.co/Spvhs7LygX pic.twitter.com/AEUXmmSmbk
— Andrew Solender (@AndrewSolender) May 9, 2025
In April, the FBI arrested Wisconsin Judge Hannah Dugan over charges of allegedly helping an immigrant evade an ICE arrest.
Eisen believes this arrest is also the DOJ “making a point,” as opposed to bringing a lawsuit that they can actually win.
In early May, a bipartisan group of former state and federal judges sent a scathing letter to U.S. Attorney General Pam Bondi, criticizing President Donald Trump and his administration for their “assault” on the judiciary.
What People Are Saying
Norm Eisen on MSNBC: “They don’t care if they lose. A normal Department of Justice would never bring this case. They wouldn’t have had to have the embarrassment of dropping the charges against Mayor Baraka because they were unfounded. It’s the same thing with Judge Dugan, they’re making a point…They are bullies. They’re abusing the Constitution. No wonder there have been over 150 judges… not Democratic-nominated judges, Republican-nominated judges, over 150 have said ‘Stop. You’re breaking the law. You’re violating the Constitution.’ This is another example.”
Habba said in a memo: “That conduct cannot be overlooked by the chief federal law enforcement official in the State of New Jersey, and it is my Constitutional obligation to ensure that our federal law enforcement is protected when executing their duties.”
Homeland Security Secretary Kristi Noem on X (formerly Twitter): “No one is above the law. If any person, regardless of political party, influence, or status, assaults a law enforcement officer as we witnessed Congresswoman McIver do, you will be prosecuted to the fullest extent of the law.”
Representative McIver on X: “These charges against me are purely political — they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight. This administration will never stop me from working for the people in our district, and standing up for what’s right.”
The May letter from former state and federal judges read: “We unequivocally reject your and the Trump Administration’s assault on the judiciary, the Rule of Law and those who administer it, including Judge Dugan. This does not make us ‘deranged.’ It’s what makes us Americans.”
What Happens Next
McIver said in her statement that she plans to contest the charges against her in court.
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