House Oversight Committee ranking member Jamie Raskin (D-MD) is pressing Attorney General Pam Bondi on the Department of Justice’s decision to charge Rep. LaMonica McIver (D-NJ) in connection with her and other Democrats’ alleged storming of an ICE facility.
Raskin sent a letter to Bondi on Tuesday demanding to know why McIver was charged when U.S. Attorney for the District of New Jersey Alina Habba allegedly did not contact the DOJ’s Public Integrity Section, which is required when charging a member of Congress for actions in their official capacity.
“Ms. Habba’s unprecedented charging decision is a blatant attempt to intimidate Members of Congress and to deter us from carrying out our constitutional oversight duties,” Raskin said. “It appears Ms. Habba brought these charges in violation of long-standing Department of Justice policies designed to prevent exactly this type of politically motivated abuse of prosecutorial power.”
McIver was charged after allegedly assaulting officers who arrested Newark Mayor Ras Baraka. The mayor’s trespass charges were later dropped, and a judge condemned the decision to charge him as “rushed,” noting that an “arrest of a public figure is not a preliminary investigative tool.”
McIver was then charged with assault of an officer. Raskin said such an action should not have been taken without consulting the Public Integrity Section.
“DOJ prosecutors must consult with the Public Integrity Section before initiating an investigation of Members of Congress and must seek the Section’s approval before bringing charges. Reports suggest, however, that Ms. Habba did not consult with, or obtain the approval of, the Public Integrity Section before charging Rep. McIver with a crime,” Raskin said.
The Washington Post reported in mid-May that the Trump administration was looking to eliminate the Public Integrity Section. Without the department, attorneys could indict members of Congress with less oversight.
Raskin said the charges against McIver suggest the Trump administration wants to stall congressional oversight, saying, “The decision to charge Congresswoman McIver appears to be part of a concerted strategy to deter congressional oversight and relentlessly pursue Donald Trump’s extreme immigration policy with complete disregard for the rule of law and the lawmaking branch of the government.”
Raskin also attacked Habba, Trump’s former lawyer, personally.
“Ms. Habba has already threatened investigations of Democratic elected officials, including New Jersey’s governor and attorney general. She has aligned herself completely with the President,
abandoning any pretense of legal independence or official neutrality, and promised to pursue
‘anybody who does get in that way, in the way of what we are doing,’” Raskin said.
Raskin ended his letter with demands for various documents and answers to his questions by June 10. The questions and documents center on the charging of McIver and the arrest of Baraka.
Raskin does not have subpoena power, meaning he could have difficulty furthering his investigation.
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Bondi suggested in an April interview that she is willing to charge anyone who has committed a crime, including judges and members of Congress.
“No one is above the law,” she said. “No one is above the law in this country.”