Rep. LaMonica McIver is still fighting for her freedom and moreOn March 30th, Congresswoman LaMonica McIver filed a brief with the Third Circuit Court of Appeals in Philadelphia which argues that the three federal charges against her should be dismissed because: The indictment violates the speech or debate clause – which grants Rep. McIver immunity as a member of Congress, including her presence at the Delaney Hall ICE facility for a tour in May 2025 as part of her legislative duty. Plus, the government has already expressed that they know McIver was inspecting the ICE facility in her legislative capacity. The indictment violates the separation of powers – the legislative branch has the same amount of power, and Constitutional standing, as the executive branch, and since the Supreme Court has ruled that Trump, as president, has absolute immunity, then federal legislators must also have absolute immunity. (This argument feels less than fortified, but I appreciate her for testing it, especially since this case may go to the Supreme Court.) The indictment violates the the doctrines of selective and vindictive prosecution – McIver explicitly calls out how the government dropped assault charges against hundreds of January 6 insurrectionists who committed intentional acts of violence at the US Capitol, but the government has charged the Congresswoman for “incidental contact” at the Delaney Hall ICE facility. She argues that this preferential treatment is motivated by political views and partisan affiliation. (I love it when concrete examples of Trump’s hypocrisy are thrown in his face, and I’m curious about if/how much merit the court will give this evidence.)
Reading through these arguments, it’s clear that Congresswoman McIver isn’t just fighting for her freedom – and yes, she is facing up to 17 years in prison if the Trump administration is successful in court. She’s also fighting for the power of the legislative branch to conduct oversight on a combative executive branch. She’s fighting for the legislative rights and authority for members of Congress who oppose the actions and policies of the Trump administration – or any sitting president. And she’s fighting against “unlawful favoritism” based on partisanship. We’ll have to wait for oral arguments in the Third Circuit Court of Appeals to see how this plays out for Congresswoman McIver, and if this case will make it all the way to the Supreme Court.
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