"And it argued that when ICE assaults members of Congress it still must be treated as an assault on ICE unprotected by Speech and Debate. The Government respectfully asserts that any assault upon a federal officer should qualify as an act that is "clearly non-legislative" given that such an act is clearly an "illegitimate activity." And it would be clearly non-legislative whether the arrest that triggered the assault took place outside the Security Gate or inside of Delaney Hall."
"Otherwise, that motion complained that, "the Defendant had not included among her exhibits the video footage that most clearly depicted the events described in Count Two." It argued that physical contact initiated by ICE was just a continuation of what happened outside the gate. The Defendant's actions as alleged in Count Two were simply the continuation of her actions in Count One, albeit with a different individual being subject to her ongoing efforts to interfere with the Mayor's arrest."
Congresswoman LaMonica McIver and the Department of Justice submitted supplemental filings about whether the second of three charges falls within congressional oversight duties. The government argued the defendant omitted crucial video footage and that physical contact initiated by ICE continued events outside the gate. The government asserted assaults on federal officers are non-legislative and fall outside Speech and Debate protections, whether the arrest occurred outside the Security Gate or inside Delaney Hall. McIver's brief cited ten videos and two sealed Signal chats to support her position. The filings were signed by DOJ officials including Phillip Lamparello and Todd Blanche.
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