NEW JERSEY — A federal appeals court ruled Wednesday that most of the criminal case against New Jersey Rep. LaMonica McIver can move forward, prompting a sharp response from Gov. Mikie Sherrill, who accused the Trump administration of using the Justice Department to target a member of Congress.
The U.S. Court of Appeals for the Third Circuit issued its decision on August 26 in the federal case stemming from McIver’s May 2025 visit to Delaney Hall, the immigration detention facility in Newark.
McIver had asked the court to dismiss the charges, arguing that her actions during the visit were protected by the Constitution because she was carrying out congressional oversight duties.
In a 2-1 ruling, the appeals court rejected that argument as to two of the three counts against her, allowing those charges to continue toward trial. The court sent the remaining count back to the lower court for additional consideration.
Case Stems From Delaney Hall Visit
McIver was charged following a confrontation outside Delaney Hall during a congressional oversight visit.
Federal prosecutors accused her of interfering with and assaulting federal officers during the incident.
McIver has denied wrongdoing and has maintained that she was performing her official duties as a member of Congress when the confrontation occurred.
Her attorneys argued that the Constitution’s Speech or Debate Clause protects lawmakers from prosecution for actions that are part of legitimate legislative work, including congressional oversight.
The Third Circuit disagreed with that argument for most of the charges.
The court concluded that while congressional oversight itself can be protected legislative activity, the Constitution does not automatically provide immunity for alleged physical conduct involving federal officers.
Sherrill: “I Continue to Stand With My Friend LaMonica”
Shortly after the decision, Gov. Mikie Sherrill publicly defended McIver.
“I continue to stand with my friend LaMonica,” Sherrill wrote Wednesday on X.
Sherrill accused President Donald Trump of “weaponizing the Department of Justice” against members of Congress and described the prosecution as an abuse of power.
She argued that McIver was being targeted for carrying out her responsibilities as a member of Congress.
Sherrill’s comments represent the governor’s political assessment of the prosecution. The appeals court itself did not rule that the case was politically motivated.
McIver Also Claimed Selective and Vindictive Prosecution
McIver’s legal challenge went beyond congressional immunity.
She also argued that the federal government was selectively and vindictively prosecuting her in violation of her First and Fifth Amendment rights.
The appeals court considered those claims along with her arguments under the Speech or Debate Clause and separation-of-powers principles.
The majority nevertheless allowed the prosecution on two counts to continue.
A Divided Court
The decision was not unanimous.
The three-judge panel consisted of Judges Stephanos Bibas, Cindy Chung and Thomas Ambro, with the ruling divided 2-1.
The case had been argued before the Third Circuit on June 24 and the opinion was filed Wednesday, August 26.
Because the ruling does not dispose of every issue in the case, additional proceedings will now take place in federal district court in New Jersey.
Political and Legal Fight Continues
The McIver case has become one of the most closely watched confrontations between New Jersey Democrats and the Trump administration over immigration enforcement.
Democratic officials have portrayed the Delaney Hall visit as legitimate congressional oversight of a federal detention facility.
Federal prosecutors, however, have maintained that congressional status does not shield a lawmaker from criminal laws governing interactions with federal officers.
Wednesday’s ruling does not determine whether McIver is guilty or innocent. It determines whether the prosecution may continue on the challenged charges.
For now, two of the three counts remain alive, while the third returns to the district court for further proceedings.
Sherrill, meanwhile, made clear that the court ruling has not changed her political support for McIver.
Source: U.S. Court of Appeals for the Third Circuit; Gov. Mikie Sherrill on X
By NJ RADAR Team