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Judge green-lights Rep. LaMonica McIver prosecution, ruling certain to be appealed

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A federal judge on Thursday declined to toss federal assault charges against New Jersey Rep. LaMonica McIver.

The first-term Democrat was charged with assaulting law enforcement officers following a chaotic scrum outside an immigration detention facility in May.

McIver argued that the prosecution — led by Alina Habba, a former personal attorney to President Donald Trump whom he picked to be the state’s top federal prosecutor — was unfair and that she was shielded from the charges by the Constitution’s “speech or debate” clause, which grants members of Congress a form of immunity that is mostly impenetrable in investigations relating to the official duties of lawmakers.

U.S. District Judge Jamel Semper, an appointee of former President Joe Biden, disagreed and refused to toss two of the three counts, while reserving judgment on a third until he sees more evidence.

“Defendant’s active participation in the alleged conduct removes her acts from the safe harbor of mere oversight,” he said. “Lawfully or unlawfully, Defendant actively engaged in conduct unrelated to her oversight responsibilities and congressional duties.”

McIver is accused in a three-count indictment of slamming a federal agent with her forearm, “forcibly” grabbing him and using her forearms to strike another agent. Allegations of physical violence by a sitting member of Congress are rare.

The alleged assaults occurred during a 68-second span in the midst of a three-hour oversight visit to the Delaney Hall Detention Facility in Newark, New Jersey, when McIver and fellow Democratic Reps. Bonnie Watson Coleman and Rob Menendez were part of a chaotic scene as immigration agents moved to arrest city Mayor Ras Baraka on a trespassing charge that was later dropped.

Semper seemed to draw a line between alleged contact inside a gated area at Delaney Hall, which the congressional Democrats were allowed to inspect, and actions outside, which is where agents moved to arrest Baraka and where prosecutors allege that McIver committed two crimes: assaulting an agent and impeding that arrest.

The count Semper did not fully rule on involves alleged contact between McIver and an agent inside the gated area after the scrum outside the gate.

The ruling — which is likely to be appealed — is a victory for Habba’s office. While she calls herself the “acting U.S. Attorney,” another judge in August ruled she was unlawfully serving in that role. An appeals court is now considering that ruling.

Semper also rejected a more long-shot attempt by McIver’s attorneys to dismiss the whole case based on selective prosecution. McIver’s team argued for that based on Trump pardoning hundreds of people who attacked police at the Capitol on Jan. 6, 2021, and the Justice Department dropping numerous additional assault cases at Trump’s direction, despite video evidence of the attacks.

“Irrespective of the pardon, the January 6 defendants are not similarly situated to Defendant because the facts and circumstances surrounding their criminal cases are unambiguously distinct,” Semper wrote.

While McIver quoted Trump and Habba’s rhetoric to claim vindictive prosecution — including Habba’s wish to “turn New Jersey red” — Semper ruled that McIver failed to demonstrate the case against her is “the result of personal animus harbored by the prosecution.”

Spokespeople for McIver and Habba did not immediately comment on the ruling.

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Congress

Troop deployments test Republicans’ nerves on Capitol Hill

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A growing number of House Republicans are airing public concerns about President Donald Trump‘s possible deployment of U.S. ground troops in Iran as the Pentagon sends thousands of American paratroopers and other servicemembers to the Middle East.

Nearly every GOP lawmaker has voted to green-light Trump’s military campaign. But a growing number, including some veterans, are voicing new reservations as evidence mounts that Trump could escalate the war to reopen the Strait of Hormuz, secure Iran’s nuclear stockpile or accomplish other strategic goals.

“I’m really, really hopeful this doesn’t turn into a boots-on-the-ground situation,” Rep. Eli Crane (R-Ariz.) said in an interview Thursday. “My biggest concern this whole time is that this would turn into another long Middle Eastern war.”

“Though I don’t want to try and take away any of the president’s ability to carry out this operation, I know a lot of our supporters and a lot of members of Congress are very concerned” about that possibility, Crane added.

The comments from a MAGA-aligned former Navy SEAL who served five wartime deployments underscore the deepening wariness among Republicans on Capitol Hill.

Some are warning in public and private that the midterm backlash to any ground invasion of Iran would be swift and severe.

“We lose 60 to 70 seats,” said one House Republican granted anonymity to speak candidly about the matter.

Senior House Democrats are making plans to force another vote on a resolution that would restrict U.S. military action in Iran. But they’ve delayed it until the House returns from recess in mid-April given absences in their ranks and the need to secure more GOP support after a similar measure narrowly failed earlier this month.

House Democratic leaders have been working to flip a handful of Democrats who opposed the last war powers resolution and now believe they only need one more Republican to flip to yes at this point, according to three people granted anonymity to speak freely about private conversations.

“No U.S. troops on the ground,” Rep. Nancy Mace (R-S.C.) said in an interview, suggesting she could be the third Republican to break with Trump and help pass the Democratic-led war powers measure next month.

“If we’re in this phase where there are troops on the ground, then we’re in a different phase of the conflict, which requires Congress’s input,” Mace said.

Rep. Derrick Van Orden (R-Wis.), another retired Navy SEAL who served in Iraq and Afghanistan and represents a competitive district, said in an interview he’s been “very clear” that he does not support uniformed American troops being put on the ground in Iran.

Van Orden said he believes Trump has “learned” from the mistakes of previous presidents who’ve gotten the country stuck in endless wars abroad.

House GOP leaders are mindful of the promises many of their frontline incumbents who won tight races made to their constituents: Republicans would not pursue endless military campaigns and regime change abroad.

Asked last week about the Pentagon sending several thousand U.S. Marines into the Middle East, Speaker Mike Johnson said, “I haven’t seen the details of it.”

Following more reports of troop deployments this week, Johnson said the U.S. is “wrapping up” the current military operation against Iran and he believed U.S. boots on the ground “is not the intention” that Trump is pursuing.

“It should not be necessary” for U.S. forces to invade Iran, he added in a Fox News interview Thursday. “I think we can get this resolved without it.”

But concerns are rising among the GOP rank-and-file, especially after a classified briefing Wednesday didn’t provide many answers to Armed Service Committee members about the administration’s plans for the divisions they are sending to the region around Iran.

Rep. Ryan Mackenzie (R-Pa.), one of Democrats’ biggest targets in November, also cautioned against a protracted war when asked this week about the U.S. troops heading to the Middle East.

“I think we certainly do not want to get embroiled in another Forever War,” Mackenzie said in an interview.

“So I hope this is maybe a precautionary measure or posturing to get a better deal out of the Iranians,” he added. “But we do need to figure out what the path is forward, and we as members of Congress are looking forward to getting an update from the administration.”

Rep. Gabe Evans of Colorado, another Republican who Democrats are targeting heavily, suggested the troop deployments were “just part of the negotiations … so this just goes back to the art of the deal.

“I don’t think anybody wants to see boots on the ground,” Evans added. “But if you don’t, if you, if you paint a hard line and say, ‘We’re absolutely not going to do this,’ you’ve taken that off the table as a negotiating point.”

Trump weighed in directly to House Republicans Wednesday on his decision to conduct military strikes against Iran without getting congressional approval first.

“I won’t use the word ‘war,’ because they say if you use the word ‘war,’ that’s maybe not a good thing to do,” the president said at the annual NRCC fundraising dinner. “They don’t like the word ‘war,’ because you’re supposed to get approval. So I’ll use the word ‘military operation,’ which is really what it is. It’s called a military decimation.”

Trump also acknowledged higher energy and oil prices from the war, but he maintained it was more important to address the “cancer” of Iran despite the risks. House Republicans are also grappling with the fallout of high gas prices and a possible $200 billion price tag of the war and other military funding that Congress will have to debate soon.

Republicans note that reaction to the war so far is largely along party lines, but there is limited patience for higher gas prices among American voters.

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House Democrats rally behind DHS funding bill as GOP balks

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House Democratic leaders and much of their caucus expressed support for the Senate-passed bill to fund most of the Department of Homeland Security as they emerged from a closed-door meeting Friday.

“The only thing standing between ending this chaos or not are House Republicans,” Minority Leader Hakeem Jeffries said. “There’s a bipartisan bill that emerged from the Senate with uniform support, and it should be brought to the floor immediately so we can pay TSA agents, so we can end the chaos at airports across the country and stop inconveniencing millions of Americans.”

Democrats say they want to end the six-week DHS shutdown Friday, when TSA agents were slated to be paid, rather than drag things through the weekend and potentially into a scheduled two-week recess. Multiple Democrats said they are encouraged the Senate’s legislation resembles a proposal led by the top Democratic appropriator, Rep. Rosa DeLauro of Connecticut, to fund DHS without including immigration enforcement agencies.

As of Friday morning, 207 House Democrats had signed on to an effort to force a floor vote on that bill.

“I believe, and my colleagues believe, that we need to get the government funded,” Rep. Steny Hoyer (D-Md.) said. “What the Senate has done is essentially the bill that we proposed.”

Several Democrats left the door open to supporting procedural measures allowing the bill to pass in the event Republican leaders cannot unite their own members to pass it. Many GOP lawmakers expressed anger with the Senate product Friday, throwing its future in doubt.

“We are willing to do whatever is necessary to pay TSA agents to end the chaos and to stop inconveniencing millions of Americans,” Jeffries said.

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House GOP leaders eye short-term DHS funding bill

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Speaker Mike Johnson is trying to build Republican support for a short-term bill that would fund all Department of Homeland Security operations through May 22, after the Senate passed a deal overnight that left out money for Immigration and Customs Enforcement and some dollars for Customs and Border Protection.

The Louisiana Republican shared the plan on a House GOP Conference call shortly after noon Friday, honoring a commitment he made to members of the House Freedom Caucus earlier in the day that he would pursue a path out of the extended DHS shutdown that didn’t involve punting on funding for immigration enforcement activities.

There is no guarantee this plan will have support in the House, where GOP centrists are already balking at the proposal, according to four people granted anonymity to share their direct knowledge of the trajectory of negotiations Friday afternoon.

It’s also highly unlikely this gambit would pass in the Senate, which has already left town for a two-week recess. Republicans would need to rely on the other chamber approving the measure through a unanimous consent agreement — and Senate Democrats are sure to object.

But the House Rules Committee is expected to meet Friday evening to tee up a process for voting on a eight-week DHS stopgap, with the expectation GOP leaders will schedule a vote on final passage for Saturday.

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