A congresswoman tried to claim legislative immunity for allegedly body-checking federal agents.
U.S. Rep. LaMonica McIver, a Democrat from New Jersey, just watched two of her three federal charges survive an appeals court challenge after she argued that slamming her forearm into an ICE officer was basically congressional oversight. A three-judge panel on the U.S. Court of Appeals for the Third Circuit ruled 2-1 that the Constitution's Speech or Debate Clause does not, in fact, cover forearm strikes to law enforcement, as Trending Politics reported.
Let that sink in. A sitting member of Congress went before a federal appeals court and essentially argued that physically striking officers is protected legislative activity. The court, shockingly, disagreed.
Here is how this whole mess started. Back in May 2025, McIver showed up at Delaney Hall, a privately run immigration detention facility in Newark, alongside Reps. Rob Menendez and Bonnie Watson Coleman for an unannounced inspection. Newark Mayor Ras Baraka also rolled up and got turned away at the door. According to the indictment, McIver then positioned herself between Baraka and a Homeland Security Investigations agent, drove her forearm into the officer, and grabbed him while agents were completing an arrest outside the gate.
But wait, there is more forearm content. After that incident wrapped up, McIver allegedly tried to re-enter the secured area and pushed past an ICE deportation officer, using her forearms to strike him in the process. That is two separate officers allegedly getting the McIver special.
Judge Cindy Chung, joined by Judge Stephanos Bibas, wrote that the physical conduct described in the first two counts was "unambiguously non-legislative." In plainer terms, punching people is not how bills become law.
The court also shut down McIver's creative attempt to borrow presidential immunity precedents and apply them to Congress. Nice try, counselor.
There was one small silver lining for McIver. The panel sent Count Three, a broader charge about general interference with officers, back to the lower court for another look. Because that count does not pinpoint one specific physical act, the judges said someone needs to figure out whether any protected legislative activity got tangled up in there.
Judge Thomas Ambro partially dissented, suggesting that Count Two might just be incidental contact from trying to walk back into the facility for the authorized visit. You know, the kind of incidental contact where your forearms happen to strike a federal officer.
McIver faces three charges under federal law for forcibly assaulting, resisting, impeding, or interfering with officers performing their duties. The two felony counts each carry up to eight years in prison. The misdemeanor count carries up to one year.
She has pleaded not guilty to all charges. Her defense strategy of turning congressional oversight into a contact sport, however, just took a significant hit.
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