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Judge rejects Rep. LaMonica McIver’s bid to toss assault case, says her actions had ‘no legislative purpose’

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Judge rejects Rep. LaMonica McIver’s bid to toss assault case, says her actions had ‘no legislative purpose’

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A judge on Thursday denied a motion to toss the criminal case against U.S. Rep. LaMonica McIver, D-N.J., who is charged with assaulting federal agents during a visit to a New Jersey immigration detention facility earlier this year. 

U.S. District Judge Jamel Semper wrote in a 41-page ruling that McIver failed to show the prosecution was vindictive and that her actions were “wholly disconnected” from her oversight role as a member of Congress. 

“Defendant has not met her burden of establishing that her predominant purpose in physically opposing the Mayor’s arrest was to conduct oversight or gather information for a legislative purpose. No genuine legislative purpose was advanced by Defendant’s alleged conduct,” Semper wrote.

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Democrat Rep. LaMonica McIver seen on May 9 at the Delaney Hall detention center, a 1,000-bed facility, in Newark. (Department of Homeland Security)

Samper did not reach a decision on the congresswoman’s motion to toss the charges.

“From the beginning, this case has been about trying to intimidate me, stop me from doing oversight, and keep me from doing my job,” McIver said in a statement. “It will not work. I will keep standing up to protect people, and the court’s denial of my motions does not change that fact.”

“I am not in this fight only for myself, and I am concerned that this decision will simply embolden the administration,” she added. “This case is not over. I am committed to protecting my community, our people, and our country.”

McIver has pleaded not guilty to the charges against her — three counts of assaulting, resisting, impeding and interfering with federal officials. She has pleaded not guilty.  

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WHITE HOUSE HITS BACK AT DEM MAYOR SUING US ATTORNEY AFTER ICE ARREST: ‘DESPERATE ATTEMPT’

Rep. LaMonica McIver, D-N.J., exits the grounds at Delaney Hall ICE detention prison on May 9, in Newark, N.J. She is charged with assaulting federal agents at the facility.  (AP/Angelina Katsanis)

She has maintained that the prosecution is part of a retaliation campaign by the Trump administration.

“It is clear this administration is treating Congresswoman McIver’s actions differently than the actions of those who are on their side,” McIver’s attorney, Paul Fishman, said in a statement. 

McIver was among several elected officials, including Newark Mayor Ras Baraka, who attempted to visit the Delaney Hall detention center, a 1,000-bed facility, in Newark on May 9. The officials were attempting to inspect the facility. 

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Baraka was arrested by federal agents while trying to gain access. McIver was among several people jostling in the crowd of people around Baraka as it happened.

Prosecutors claim McIver “slammed” her forearm into an agent and placed her arms around the mayor to try to stop his arrest.

Read the full article from Here

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Pennsylvania

Pennsylvania utilities appreciate market signals — but not market prices

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Pennsylvania utilities appreciate market signals — but not market prices






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Rhode Island

Pulled funding creates a bike path to nowhere. Let’s hope RI fixes it.

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Pulled funding creates a bike path to nowhere. Let’s hope RI fixes it.


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I’ve long thought bike paths are among Rhode Island’s premier attractions, up there with the beaches, the mansions and the bay.

We like to knock government, but credit where it’s due, the state has done an amazing job building out an incredible pedaling network.

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It’s clearly a priority.

At least I thought it was.

But they’ve just dropped the ball on what should have been a beautiful new stretch.

The plan was to finish a mile-long connector from the East Providence end of the Henderson Bridge all the way to the East Bay Bike Path.

There was even $25 million set aside to get it done.

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Except WPRI recently reported that it’s now been canceled.

The main fault lies with the Trump administration, which is no friend of bike paths, and moved to kill that $25 million.

But it gets complicated, as government funding always does.

To try to rescue that money, the state DOT reportedly worked with the administration to refunnel it into a road project. Specifically, the $25 million will now be spent helping upgrade the mile-long highway between the Henderson Bridge and North Broadway in East Providence, turning it into a more pleasant boulevard.

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That totally sounds worthy.

But it’s insane to throw away the bike path plan.

Especially for a particular reason in this case.

They’d already put a ton of money into starting it.

When state planners designed the new Henderson Bridge between the East Side and East Providence, they included a bike path.

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It’s a beauty – well protected from traffic by a barrier, a great asset for safely riding over the Seekonk River.

The plan was to continue it another mile or so along East Providence’s Waterfront Drive, ultimately connecting with the East Bay Bike Path, which runs all the way to Bristol. Which, by the way, is one of the nicest bike paths you’ll find anywhere.

But alas, that connector plan has been canceled.

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So the expensive stretch over the Henderson Bridge to East Providence is now a bike path to nowhere. Once the bridge ends, the path on it continues a few hundred yards or so and then, just … ends.

Too bad.

We were so close.

Most of the stories on the issue have been about the complex negotiation to rescue the $25 million by rerouting it to that nearby highway-to-boulevard project. But I don’t want to get lost in the weeds of that bureaucratic process here because it loses sight of the heart of this story.

Which is that an amazing new addition to one of the nation’s best state bike path systems has just been scrapped.

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You can knock the Rhode Island government for blowing a lot of things.

The PawSox.

The Washington Bridge.

But they’ve done great with bike paths.

And especially, linking many of them together.

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Example: not too many years ago, Providence bikers had to risk dicey traffic on the East Side to get to the more pleasant paths in India Point Park and on the 195 bridge to the East Bay Path.

But the state fixed that by adding an amazing connector that starts behind the Salvation Army building and beautifully winds along the water of the Seekonk River for a mile or so.

That makes a huge difference – and no doubt has avoided some bike-car accidents.

We were close to a comparable stretch on the other side of the river – that’s what the $25 million would have done.

But it’s now apparently dead.

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Online commenters aren’t happy about it.

On a Reddit string, “Toadscoper” accused the state of being “complicit” with the feds in rerouting the money from bikes to cars.

And there was this fascinating post from FineLobster 5322, who apparently is a disappointed planner who worked on the project: “Mind you money has already been spent on phase one so rejecting it at this point is wasting money and also against the public interest … but what do I know? I only worked on the project as an engineer … I didn’t get into this to build more highways. I do it … to give back to communities and give them more access to their environment.”

Wow. One can imagine the state planning team is devastated. That’s not a small consideration. Good people go into government to make life better in Rhode Island, and it’s a bad play to take the spirit out of the job by first assigning a great human-scale project and then, after a ton of work, trashing it.

A poster named Homosapiens simply said, “We just accept this?”

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Hopefully not.

The first stretch of the path over the Henderson Bridge is done, money already sunk.

What a shame to leave that as a path to nowhere.

It doesn’t have to happen.

Between Governor McKee and our Washington delegation, there’s got to be a way to get this done.

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There’s got to be.

mpatinki@providencejournal.com



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Vermont

Wrong-way driver stopped on I-89, charged with DUI

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Wrong-way driver stopped on I-89, charged with DUI


BOLTON, Vt. (WCAX) – A wrong-way driver was safely stopped on Interstate 89 overnight Sunday.

Vermont State Police say just before 12:30 a.m., they stopped the car near marker 77, near Bolton.

The driver, Denise Lear, 60, of Revere, was charged with driving under the influence and gross negligent operation.

Lear is expected in court Monday.

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