Jonathan Turley writes for the New York Post about Democrats’ reactions to a recent high-profile arrest.
Across the country, a new defense is being heard in state and federal courtrooms. From Democratic members of Congress to judges to city council members, officials claim that their duties include obstructing the official functions of the federal government.
It is a type of liberal license that excuses almost any crime in the name of combating what Minnesota Gov. Tim Walz called the “modern-day Gestapo” of Immigration and Customs Enforcement (ICE).
The latest claimant of this license is Rep. LaMonica McIver (D-NJ), who was charged with assaulting, resisting, and impeding law enforcement officers during a protest at Delaney Hall ICE detention facility in Newark, New Jersey.
McIver is shown on video forcing her way into the facility and striking and shoving agents in her path.
Elected officials joined a mob in briefly overwhelming security and breaching the fence barrier after a bus was allowed through the entrance. Federal officials were able to quickly force back the incursion.
McIver and House Democrats insisted that McIver forcing her way into the facility might be trespass and assault for other citizens, but she was merely exercising “legislative oversight.” …
… Well, the red line was crossed in a big way after Acting US Attorney for the District of New Jersey Alina Habba charged McIver with a felony under Title 18, United States Code, Section 111(a)(1).
The ACLU called the charged “authoritarianism” and insisted that these state and federal politicians “have every right to exercise their legally authorized oversight responsibilities for expanded immigration detention in New Jersey.”
The problem with the oversight claim is that McIver’s status as a member of Congress does not allow her access to closed federal facilities. Congress can subpoena the executive branch or secure court orders for access. However, members do not have immunity from criminal laws in unilaterally forcing their way into any federal office or agency.
