Earlier this week, the Department of Justice took the unusual step of filing federal charges against Democratic Rep. LaMonica McIver, alleging that she assaulted federal law enforcement officers during a protest outside an immigration detention facility. (McIver has denied wrongdoing and called the charges “purely political.”)
Let’s get something straight: what’s happening to McIver is not about law and order. It’s not about whether she assaulted a federal agent or obstructed justice. It’s about the federal government weaponizing its power to intimidate those who dare to push back — and, in this instance, against Black women in positions of authority.
The members of Congress — McIver among them — were at the site for nearly two hours before any sort of confrontation took place. They weren’t trespassing or rioting. They were exercising constitutionally granted oversight authority, a responsibility central to the role of a legislator in our democracy. Under a recent law, members of Congress have a legal right to show up to conduct oversight of federal detention facilities without prior notice.
The administration sees a threat to its claims to be free from oversight from Congress, the courts or the media.
But President Donald Trump’s administration doesn’t see this as public servants doing their jobs. It sees a threat to its claims to be free from oversight, whether that’s from Congress, the courts or the media.
Prosecutors allege that McIver protested the arrest of Newark Mayor Ras Baraka by pushing an Immigration and Customs Enforcement officer and making contact with a Homeland Security Investigations special agent. McIver said at a press conference that she and others at the site “were assaulted by multiple ICE agents.”
The video of the incident speaks for itself. What you don’t see is anything remotely close to the violence and destruction of Jan. 6, when armed rioters stormed the Capitol, beat police officers and threatened the democratic transfer of power. And yet, McIver is facing the same charges many of those insurrectionists did. Meanwhile, President Donald Trump has praised, pardoned and paid out to the very people who tried to overturn an election.
Meantime, federal agents arrested Baraka, who was standing outside the facility on public ground. His offense, in the eyes of the government, was being present at a site where the federal government would rather operate in secrecy. When members of Congress and members of the community intervened — peacefully and protectively — the response from federal officials wasn’t to de-escalate. Instead, the response was to take things up a notch.
The arrest triggered public outrage and also a stern response from a federal judge. On Thursday, U.S. Magistrate Judge André M. Espinosa granted what he called the “embarrassing retraction” of the misdemeanor charge for Baraka, calling the actions “a worrisome misstep” by interim U.S. Attorney for New Jersey Alina Habba. An assistant prosecutor said in court that dismissing the case was “in the interest of justice” but the U.S. Attorney’s office has not yet offered any other public comment.
I’ll be honest: As a millennial Black woman who’s been in some of these rooms, I have strong feelings about this. I know what it means to be in spaces of power where your presence alone is treated as a provocation. I know what it means to raise your voice for the people and be labeled a problem. What’s happening to McIver isn’t just political; it’s deeply personal. It’s the weaponization of the law to send a message: Don’t step out of line.
This is not just about McIver, though. And it is not just about race —though that is central. What’s happening to her should send a chill down the spine of every elected official — Democrat or Republican, Black, white, or otherwise.
Because this isn’t isolated; this is an escalation. Just as Rep. Shirley Chisholm was surveilled and sidelined for being “too bold” in her advocacy during the 1970s, McIver is being criminalized for fulfilling her constitutional duty. She is not the outlier — she’s the opening salvo. If Trump’s Justice Department can bring charges against a sitting member of Congress for showing up to do oversight, what’s to stop them from coming for anyone who refuses to fall in line? If they can do this to her, they can do it to you.
McIver is facing federal charges. Not because of what she did, but because of what she represents. This is a test case. A message. If they can do this to a sitting congresswoman with constitutional oversight power, then they can certainly do it to anyone. A mayor. A whistleblower. A student protester. A visa holder. A former government employee. This is not about lawbreaking; this is about silencing dissent.
Trump wants to send a message to silence dissent, criminalize opposition and remind all of us that we are not safe under his regime. That if we stand up, we may pay the price.
So I ask: Who’s going to stand with Congresswoman McIver? Who will put their voice, their vote, and their own political capital on the line for her?
This is a moment not just for floor speeches or a statement sent via a news release. This moment demands action. Be there. Show up. Match her courage. Because what they’re doing to LaMonica McIver is bigger than one congresswoman. It’s a test of your will, your values and your backbone.
Because Trump is just getting started.
For more thought-provoking insights from Michael Steele, Alicia Menendez and Symone Sanders-Townsend, watch “The Weeknight” every Monday-Friday at 7 p.m. ET on MSNBC.
