Thread by @lawofruby

NEW: Rep. LaMonica McIver moved to dismiss her indictment late last night. The general thrust of her motions is hardly shocking—but her legal team’s retelling of her visit to Delaney Hall, as informed by discovery received from DOJ, contains some big surprises. 1/

The biggest is that V-1, the HSI agent Rep. McIver allegedly assaulted, was heard on the phone announcing he would be arresting Newark Mayor Ras Baraka, despite the fact that Baraka had “stepped out,” because the Deputy Attorney General directed as much. 2/

McIver also represents she was “shoved” by a federal officer and that she told that officer she would be filing a complaint about his assault. It was only days later that anyone from HSI, ICE, or “any other agency” suggested that McIver was the one who committed an assault. 3/

You might be asking what evidence McIver has in support of these contentions. One of her lawyers submitted a declaration that attaches several videos produced by the Justice Department in discovery. 4/

And although those videos are not yet publicly accessible through electronic court filings, her brief supporting the selective/malicious prosecution motion suggests that her version of events relies on the government’s own video evidence produced in discovery: 5/

One more note: At this point, McIver has NOT moved to dismiss her case on the basis that Acting U.S. Attorney Alina Habba was not properly appointed to that role or to that of a “special attorney.” But she says she could depending on how other motions of that nature go. FIN.