On May 19, 2025, federal prosecutors charged Rep. LaMonica McIver, a New Jersey Democrat, under a little-known federal statute—18 U.S. Code Section 111—for allegedly assaulting and impeding Immigration and Customs Enforcement officers during a visit to a Newark detention facility. The officers refused her entry to conduct a federally authorized oversight visit. It’s still unclear whether the claimed assault was alleged to be physical or verbal. But what’s clear is that Rep. McIver’s prosecution reveals something much larger: Under the current administration, Section 111 is being reimagined as a blunt political weapon. Not to deter violence—but to silence dissent and criminalize opponents.

Section 111 makes it a crime to ā€œforcibly assault, resist, oppose, impede, intimidate, or interfere withā€ federal officials engaged in their duties. But here’s the problem: You don’t even need to know they’re federal officials. You can be convicted for shoving someone you think is just someone yelling in your face, even just placing them in ā€œreasonable fear of harmā€ without physical contact—if they turn out to be a plainclothes agent. That’s not hypothetical.

That’s precedent, courtesy of the Supreme Court over 50 years ago. Which means this: An undercover agent embedded in a protest, a public meeting, even a constituent town hall could claim to have been ā€œimpeded,ā€ and the federal government can treat that moment as a federal crime. Under the current administration’s appetite for authoritarianism, that’s not a loophole, it’s a feature.

Archived at https://archive.is/JvUOO