McIver trial looms

Good morning!

Rep. LaMonica McIver got some very bad news yesterday when a divided federal appeals court panel paved the way for her trial to begin on federal assault charges.

McIver is accused of assaulting federal agents during a confrontation at Newark migrant jail Delaney Hall last year. She had argued that the Constitution prevents the Trump administration from prosecuting her for legislative acts — she was at Delaney Hall for an oversight visit — but the judge overseeing her case rejected that argument and Wednesday’s ruling largely sided with him.

It’s not clear what McIver will do next. She could appeal to the full U.S. 3rd Circuit Court of Appeals, or the U.S. Supreme Court, in a bid to delay trial or in a long-shot effort to stop it from happening. Her legal team said they’re evaluating next steps.

“I fundamentally believe that the court got it wrong here. To protect the people, their elected representatives must be authorized to conduct oversight of the executive branch without fear of retaliation. Today’s decision chills that authority and emboldens the Trump administration to continue persecuting our most vulnerable communities, those who try to defend them, and anyone who dares hold the president or his lackeys accountable,” she said.

Read more from Sophie Nieto-Muñoz.

More: The news of Wednesday’s ruling resulted in a torrent of messages of support from McIver’s colleagues here in New Jersey and nationwide. Rep. Rob Menendez, who was with McIver at Delaney Hall the day she’s accused of assault agents, called her a “dedicated, tenacious fighter for everyone she represents and she will bring that same fighting spirit in court to defend not just herself but Congress’s ability to perform oversight and hold the Trump Administration accountable. And I’ll be with her every step of the way.” House Minority Leader Hakeem Jeffries said President Trump’s Justice Department “has been maliciously weaponized” against her. Rep. Ayanna Pressley said, “We got your back, sis.”

What do the charges mean for McIver politically? She’s up for reelection in a few months in a very Dem-heavy district that featured Trump’s worst performance in New Jersey in 2024. Dan Cassino, a political science professor and pollster at Fairleigh Dickinson University, said continued news coverage of McIver’s legal fight with the Trump administration “does help her, politically.” “The optimal scenario is that you get targeted by the Trump administration, and then you’re vindicated,” Cassino said.

Tech: New Jersey and a group of other states notched a huge win Wednesday in their lawsuit against Facebook owner Meta over claims that it intentionally built addictive features that exposed young users to mental harms. Meta settled for $17.1 billion, with at least $565 million slated for New Jersey (the agreement needs to be approved by a judge) and has agreed to a slew of changes similar to the ones New Jersey mandated for social media companies in a new law. Terrible news for all those teens addicted to Threads.

“Today’s settlement is a major victory for New Jersey families. Big Tech is finally being held accountable for the harm it is causing, especially to our children’s mental health and safety. More important, parents and teens will finally get some relief, including groundbreaking new safety features to protect kids online,” said Gov. Mikie Sherrill. “But here in New Jersey, we won’t stop fighting until all of the Big Tech companies follow suit.”

Courts: New Jersey joined a group of other states Wednesday in filing another lawsuit against the U.S. Postal Service over the president’s order restricting mail voting. The new complaint was filed just days after the U.S. Supreme Court handed Trump a procedural win in his bid to tamp down on vote-by-mail and targets a new Postal Service rule intended to boost his efforts. “Under our Constitution, states run elections—not the federal government, and definitely not the postal service,” New Jersey Attorney General Jen Davenport said. “The USPS’s new rule purports to restrict mail-in voting by implementing new and convoluted postal procedures with just weeks to go before election officials begin sending out mail-in ballots. We are confident the courts will block this latest unconstitutional attempt by the Trump Administration to interfere with the states’ administration of free and fair elections.”