News / FJP Releases

May 21, 2025 (Washington, D.C.) — Fair and Just Prosecution (FJP) condemns the Trump Administration abusing its prosecutorial power by bringing criminal assault charges against New Jersey Congresswoman LaMonica McIver after she exercised her Constitutional authority and duty as a member of Congress to conduct oversight on issues that affect the American public, including her constituents. Congresswoman McIver and other members of Congress were on-site in Newark, New Jersey, as part of their lawful right to inspect conditions in a federal immigration detention facility. Acting U.S. Attorney for the District of New Jersey Alina Habba charged Rep. McIver with “assaulting, impeding and interfering with law enforcement” after the Congresswoman and other Representatives were attempting to monitor the arrest of Newark Mayor Baraka by armed federal agents.

FJP Executive Director Aramis Ayala Released the Following Statement in Response to the Trump Administration’s Prosecution of Rep. LaMonica McIver:

“The Supreme Court has affirmed that public trust in the criminal justice system is critical for both public safety and the rule of law. To ensure public trust, prosecutors must swear an oath to the Constitution that they will ensure equal justice for all by enforcing the law fairly and without bias or political motivation. The Trump Department of Justice, however, has made a mockery of that oath, undermined public trust, and abandoned all appearance of objectivity by abusing its prosecutorial power through a pattern of charging or threatening to charge President Trump’s political opponents in an attempt to negate the constitutional checks and balances that safeguard our democracy. With this most recent move of bringing unsupported and politically motivated charges against a duly-elected, sitting member of a co-equal branch of government who was fulfilling her official duty to the American people, the Trump Administration is careening toward authoritarianism, in which his loyal DOJ prosecutors would be unconstrained from prosecuting anyone who disagrees with him. 

“A criminal justice system that allows prosecutors to use their power to silence, intimidate, harass, or imprison their political opposition is incapable of providing either fairness or justice. Not only does the malicious arrest of Congresswoman McIver constitute a miscarriage of justice in the present case, it erodes public trust and confidence in state and county prosecutors and law enforcement officials around the country, making us all less safe. FJP is proud to join the diverse chorus of nationwide opposition to this unconscionable abuse of prosecutorial power and calls on the Trump Justice Department to immediately dismiss these improper charges against Congresswoman McIver and abandon this dangerous pattern of using criminal prosecutions to retaliate against, intimidate, and silence political opposition.”