If Congresswoman McIver broke the law … she needs to be held accountable
New Jersey Congresswoman LaMonica McIver has been arrested and charged with “assaulting, impeding, and interfering with law enforcement.” It was the result of her actions outside the Newark, New Jersey Delaney Hall ICE Detention Center. She said she was on the scene of her Congressional Oversight Committee responsibilities.
Also on scene were two other members of Congress and Newark Mayor Ras Baraka. No charges have been brought against the other members. Baraka was arrested at the scene but released without being charged.
So why McIver?
It was the videos. McIver was clearly seen pushing back at ICE officers (against the law) … using her elbows to hit an officer (against the law) … and in one case, body slamming an agent from behind (against the law). She is said to have interfered with officers as they arrested Baraka (against the law).
Democrat lawmakers were quick to come to McIver’s defense. Minnesota Governor Walz said that ICE is an American Gestapo. (Will they never stop with the Nazi references?) Others claimed that McIver was merely performing her official duties. House Minority Leader Hakeem Jeffries called the charges “extreme, morally bankrupt and lacking any basis in law and fact.” He added that, “There is no credible evidence that Rep. McIver engaged in any criminal activity, and she would not have been permitted to tour the facility had she done anything wrong.”
Texas Congresswoman Jasmine Crockett said, “Let me be very clear. This is what the weaponization of government looks like.” Representative Yvette Clarke, chair of the Congressional Black Caucus, declared that “These bogus charges are nothing short of a cowardly attempt to intimidate members of Congress from holding this administration accountable.”
(Apparently, none of these folks saw the video.)
Most of the defenders claimed that McIver was within her rights as a member of Congress to perform “oversight.” California Congressman Pete Aguilar, chair of the House Democratic Caucus, claimed that “Members of Congress have a constitutional responsibility to conduct oversight of the executive branch wherever and whenever it is needed” — and that they “are lawfully permitted to show up at any federal facility unannounced to conduct an inspection on behalf of the American people.” (For the record, that is simply not true. Even members of Congress are not allowed to assault law enforcement officers or to forcibly enter restricted areas.)
Honest folks can have different opinions as to what happened outside the detention center – but not so easy to deny what was recorded on videos. In the final analysis, however, it may be up to a jury to decide – if the case gets that far.
What is more disturbing than the possible culpability of McIver is the response from her defenders. They are kicking the rule-of-law to the side of the road in favor of a cultural narrative that people involved in left-wing protests ARE above the law. Over the years, we have seen innumerable examples of protestors breaking the law without consequence. The right to peacefully protest has limits – and they are codified in our laws.
The videos are compelling evidence that McIver may have broken laws. Now the question is whether she will be held accountable. ICE and the Department of Justice are not abusing power but restoring the rule-of-law from which no person is — or should be – exempted.
If convicted of the felony charges, McIver could receive up to eight years in prison. Of course, we know that would never happen –and should not happen. It is unlikely that she will serve any time in the hoosegow – although I think a couple weeks might be appropriate.
You can rest assured that McIver is likely to get off easy. Even if convicted, McIver still enjoys cultural privilege or advantage as a Black … a woman … and a member of Congress.
So, there ‘tis.
It’s getting weirder in Larry land… Seems to be gapping on journalism 101 in favor of an advanced degree in maga. For some reason he keeps repeating other’s stories on PBP. And seemingly crossing his own conservative bias to be full maga in what seems to be blind support of this extreme ideology regardless of the facts or lack thereof in evidence. This time it’s McIver but he starts by saying: “No charges have been brought against the other members. Baraka was arrested at the scene but released without being charged.” In truth, something the author seems to be leaving behind in his zeal to become a maga zealot, Baraka was charged with trespass after facility workers allowed him onto the premises. Arrested and charged. From the NJ Monitor: “A federal judge took federal prosecutors to task in astonishing fashion Wednesday over what he called the “hasty arrest” of Newark Mayor Ras Baraka and their decision to drop his federal trespassing charge Monday, just 10 days after his arrest. U.S. Magistrate Judge André Espinosa told prosecutors that the swiftness of their decision to drop the charge “suggests a worrying misstep by your office.”
“An arrest, particularly of a public figure, is not a preliminary investigative tool. It is a severe action, carrying significant reputational and personal consequences, and it should only be undertaken after a thorough, dispassionate evaluation of credible evidence,” Espinosa said to Assistant U.S. Attorney Stephen Demanovich, who was prosecuting Baraka’s case.”
To me, a federal trespassing charge by prosecutors sure seems to “be charged” with what little I know about law and the English language. What is going on with the author to make such an egregious mistake in order to lessen the load of shame he must feel for his party?
But wait, there’s more….. “Espinosa said the government’s rush to charge Baraka culminated in the “embarrassing retraction” of the charge — which he said suggests “a failure to adequately investigate, to carefully gather facts, and to thoughtfully consider the implications of your actions before wielding your immense power. He emphasized the legacy of high standards of prosecutorial ethics and professionalism from prior U.S. attorneys in New Jersey, adding that charges are brought only after considerate and exhaustive fact-gathering. He noted Demanovich himself acted appropriately, but the office must “operate with a higher standard.”
The author should too. But wait, there’s still more….. The author conclusively states: “It was the videos. McIver was clearly seen pushing back at ICE officers (against the law) … using her elbows to hit an officer (against the law) … and in one case, body slamming an agent from behind (against the law). She is said to have interfered with officers as they arrested Baraka (against the law).” How many times in a story like this does the author conclude guilt like this. “Clearly seen” by an octogenarian author peering at a small screen, probably at 1080P resolution and a lot of screen scum. What happened to the author’s use of “seems” or “alleged?” Seems like allegedly, the author is showing his true ideological bias and blowing any caution or presumption of innocence to the wind if the wind is blowing from the left. Come on Man, you are better than this; we have seen it. For real.
What the author misses are all the other videos which seem to show that there’s much pushing, shoving, jostling, going on from police (of which how many jurisdictions were represented and who was in charge of this police mayhem?), and protestors. So, did she shove first or was she part of a domino effect of others shoving her? In one video, McIver is the one being pushed into some branch of the governments police team. Clearly, it’s unclear. Undoubtedly the defense will have many tape versions which should be disclosed before trial, but the defense has more latitude in this, especially if in response to the prosecutions assertions during the trial.
Zero tolerance for violence in any form, protests included. All participating in said violence should be investigated, arrested, charged, indicted, prosecuted, tried, and punished. Yet when dealing with a government that black-bags innocents and suspected guilty but without due process to a third world death camp gulag where there’s only a small chance they will emerge alive, I know I would have pause to consider if a heavily armed, masked man, in camo is coming at me. Don’t know that my next stop is not being dropped off in a war zone where I don’t have money or even speak the language. This has happened. But one must face the full extent of the law even IF one feel righteous in fighting back.
Also, how does the high n mighty, law and odor author feel about his pardoning 1,500 convicted protestors, over 400 of which beat on cops far, far, worse than some pushing, shoving and maybe a pudgy elbow thrust. The pardoned ones were often armed with battering devices, chemicals, whatever. But on this one, the author and I agree, doubtful much will happen, I even doubt there will be guilt found. The author no doubt thinks that’s a rip, I say it never should hit court anyway. But until all the tapes are seen, I say innocent until proven guilty and there’s a much better chance of censure in the House, but no expulsion there either.
And now it appears that our President is pardoning people for money. Amazing what Republicans support nowadays. The author needs to get back to his journalistic integrity that brought me here to discuss the issues of the day with him. Or at least respond back to his rants and screeds.
That beyotch should be arrested and tried, if for nothing else, being ugly on the outside and the inside.
If anyone is alleged to have broken the law in this country they are innocent until proven guilty. At least that was how it is supposed to be in America. But, if Larry wants to jump to his own conclusion of the case he will find guilty those charged. Due process seems like a waste of time and tax payer’s money. What’s worse than court of public opinion is the Zvourt of Horst’s opinion.
Sure, every one of us should be justly and fairly held accountable no matter who they are. The president should be held to the highest standard of accountability as should also every elected official, appointed judges, and those who have many individuals’ wellbeing in their hands.
The judicial system in this country is out of kilter when the President should be held the highest standard of accountability but is not made to pay the consequences our system is as broken as the laws that were broken.
The President appears to believe he has ultimate immunity.
His attitude toward the laws and the U.S. Constitution is the bully’s response. He says, try to collect. Appeal, appeal, baby, appeal is his avoidance technique his whole life.
The New Jersey lawmaker will stand trial and judged. When the decision is made, then treat her according to the decision of the court.
Larry has said about Trump and other elected representatives that the people voted them into office. If innocent they have the right to stay. The court of public opinion does not have a say in the matter.
Frank Danger, your arguments are well reasoned, cogent, and amply supported with details and context. While author’s reasoning is politically biased and resonated with rush to judgment hasty justice.
That Larry Horist is losing his intellectual prowess seems to be closely held by PBP, his writing comrades, and his friends. He should not pick on Biden and his staff for the “cover up”.
Why Larry appears challenged is at least two fold. First, his writing is not as logically tight to his usual party line and conservative ideology under pinnings. The subjects chosen to write up in his articles happen to be less appealing and not germane to current culture and society’s issues most debatable.
Second, Larry’s counter ideological jabs at readers’ comments in REPLY are nonexistent. When, before Trump’s Inauguration Larry’s follow-up on comments seemed robustly antagonistic and blatantly biased. We readers who opted to opine with challenge motivated comments were regularly rebuffed and widely denounced for disagreeing with Horist’s premise and points of his articles
These are two apparent reasons from the many that indicate something is amiss with Larry’s willingness to spar in REPLY with readers’ comments.
In the other hand one huge factor comes to mind, that’s Biden. Biden not being front and center for Larry’s prime focus and fodder for his conspiracy mill is major in his reason to get up each morning.
Biden departing from the presidency is a bad news good news then bad news dilemma. Bad news in Biden’s disappearance from front page attention and Larry main Punching Bag subject for abuse. Good news in Trump gaining the White House with all that entails for Republicans. Then, bad news with Trump as President and Larry’s opinion of Trump. Larry can not comment on Trump’s “policy” management in the same way he has commented on Biden.
With Biden stories Larry gave his distinct partisan opinions whether justified or not didn’t matter.
Writing about Trump is not Larry’s preferred thing. So Trump at center stage sucks the oxygen out of Larry’s usually uncomplimentary writing style better suited to muckraking and composing dirt journalism about Democrats.
No matter the reasons for Larry’s spunk silence. Since Trump’s circus came to town there have been no slow news days. Material in abundance for journalists pro and con.