‘Disgraceful’: Plan introduced to expel congresswoman who allegedly bodychecked ICE
Former U.S. Rep. George Santos was only charged when he was expelled from the House.
He later was convicted, but that removal precedent stands.
And now Rep. Nancy Mace, a Republican from South Carolina, has filed a resolution to expel Rep. LaMonica McIver, D-N.J., over the federal charges she now is facing in court.
In a statement, Mace explained that the charges are for McIver’s “assault on federal law enforcement officers and unlawful interference at a federal immigration detention facility in New Jersey.”
McIver, “didn’t just break the law, she attacked the very people who defend it,” Mace explained.
“Attacking Homeland Security and ICE agents isn’t just disgraceful, it’s assault. If any other American did what she did, they’d be in handcuffs. McIver thinks being a member of Congress puts her above the law. It doesn’t.”
The DOJ has brought charges against McIver under laws that criminalize “forcibly assaulting, resisting, or impeding federal officers.
GOP Rep. Nancy Mace files a resolution to expel Rep. LaMonica McIver after the DOJ charged the Democrat with allegedly assaulting law enforcement: pic.twitter.com/Zfa3CrMLsG
— Andrew Solender (@AndrewSolender) May 21, 2025
McIver has claimed that her confrontation with federal officers was part of her “oversight” of the federal government as a member of Congress, so she’s immune to any charges.
But constitutional expert Jonathan Turley noted that argument probably won’t actually make it into the courtroom, as the claim is ridiculous.
Further, he said it will be hard for McIver to avoid a conviction based on the bodycam footage of the confrontation that already is available.
“Members of Congress swear an oath to uphold the Constitution and the laws of this country – not to obstruct them,” Mace said. “This isn’t a matter of partisan politics. It’s about whether we’re going to hold Members of Congress to the same legal standards as every other American.”
Mace cites the precedent the House established in 2023 when Santos was charged, but not convicted, when he was removed.
WND reported a day earlier when Turley opined that the case was just a symptom, more or less, of a bigger agenda by the Democrats.
He explained the “new defense” being used by Democrats, from city council to Congress, is that “their official duties include obstructing the official functions of the federal government.”
“The latest claimant of this license is Rep. LaMonica McIver (D-NJ), who was charged with assaulting, resisting, and impeding law enforcement officers during a protest at Delaney Hall ICE detention facility in Newark, New Jersey. McIver is shown on video forcing her way into an ICE facility and striking and shoving agents in her path,” he said.
He said officials were able to subdue the incursion quickly.
But the messaging from McIver was that she could do what for other citizens would be “trespass and assault” because of her “legislative oversight” privileges as a member of Congress.
Her comments were a reprise of what other Democrats already have demanded.
“Rep. Alexandria Ocasio-Cortez (D., N.Y.) declared ‘You lay a finger on someone – on Bonnie Watson Coleman or any of the representatives that were there – you lay a finger on them, we’re going to have a problem,'” the report noted.
And Rep. Hakeem Jeffries, D-N.Y., “ominously warned the federal government that Democrats would bring down the house if it tried to charge McIver.”
He said, “It’s a red line. They know better than to go down that road.”
The ACLU insisted that politicians “have every right to exercise their legally authorized oversight responsibilities for expanded immigration detention in New Jersey.”
Turley explained Worcester City Councilor Etel Haxhiaj, in a video shoving and obstructing ICE officers, also claimed to be protecting a constituent.
“Even judges are claiming the same license. In Wisconsin, Judge Hannah Dugan has been charged with obstructing a federal arrest of an illegal immigrant who appeared in her courtroom. Dugan heard about agents waiting outside in the hallway to arrest the man and went outside to confront the agents. She told them to speak to the Chief Judge and that they needed a different warrant. The agents complied and the Chief Judge confirmed that they could conduct the arrest. In the interim, however, Dugan led the man out a non-public door and facilitated his escape.”
The fault in making the “oversight” claim is that the law does not allow even members of Congress to have unauthorized access to secure federal facilities. Members of Congress can subpoena the executive branch, or get a court order, but they “do not have immunity from criminal laws in unilaterally forcing their way into any federal office or agency.”
He explained Jeffries cited the crossing of a “red line.”
The “red line” actually crossed, however, is the one “separating political expression and criminal conduct,” he said.
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