WASHINGTON – A bipartisan group of former members of Congress today filed an amicus brief urging an appeals court to dismiss the indictment of Rep. LaMonica McIver, D-N.J., arguing that the charges stem from constitutionally protected legislative oversight.

Democracy Defenders Fund filed the brief with the U.S. Court of Appeals for the Third Circuit on behalf of the Republican and Democratic former lawmakers. The case is United States v. McIver.

The brief argues that McIver’s prosecution is barred due to legislative immunity granted to members of Congress under the Speech or Debate Clause of the Constitution. All of Rep. McIver's actions last summer during a visit to an immigration detention facility in her New Jersey district were part of her oversight function, and therefore cannot be the subject of prosecution, the brief states.

The former members of Congress also warn that if the Department of Justice’s prosecution against Rep. McIver is allowed to continue, it would set a dangerous precedent, eroding the constitutionally-mandated powers of Congress and create “a dangerous chilling effect on Congress’s ability to fulfill its Article I responsibilities.” "If allowed to proceed, this prosecution would grant the Executive dangerous and unconstitutional leverage over Congress," the brief states. "If the Executive branch agents who were the focus of the Congresswoman's valid oversight can intentionally create a chaotic circumstance that ultimately results in her prosecution, then this case will provide a roadmap for the Executive to obstruct and deter legitimate oversight."

Read the brief and view the list of signers.

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Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.