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Appeals court rejects Rep. McIver's challenge to charges for alleged assaults at ICE facility

  • On Wednesday, the 3rd Circuit rejected Democratic lawmaker McIver's immunity claim under the Constitution's "speech or debate" clause, sustaining most criminal charges from a Newark confrontation.
  • Judges Chung and Bibas rejected the immunity defense for two of three charges against McIver because her actions at the Newark detention center did not amount to legislative work.
  • Judge Thomas Ambro partially dissented, arguing McIver should pursue evidence the case was brought to retaliate against her, citing dismissal of charges against Trump supporters who assaulted police at the Capitol on Jan. 6.
  • The appeals court ordered the trial judge to re-examine the third charge, which accuses McIver of "forcibly" interfering with officers. Attorney Paul Fishman did not immediately respond to requests for comment.
  • McIver could ask the full 3rd Circuit bench to rehear the case or take her immunity challenge to the Supreme Court, potentially delaying the trial.
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Politico broke the news in Arlington County, United States on Wednesday, August 26, 2026.
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