TWO COUNTS FORWARD, ONE BIDEN JUDGE WRITING: THE THIRD CIRCUIT TOLD LaMONICA McIVER THE SPEECH OR DEBATE CLAUSE DOESN’T COVER FOREARMS — AND A TRUMP APPOINTEE SIGNED IT
OPINION / COMMENTARY. A 2-1 Third Circuit panel ruled Wednesday that Rep. LaMonica McIver, D-N.J., is not immune from federal prosecution under the Speech or Debate Clause. Judge Cindy Chung, a Biden appointee, wrote it. Judge Stephanos Bibas, a Trump appointee, joined it. Two of three assault counts move forward; the third goes back to the district court. ARES on the word “unambiguously,” the dissent that agreed she is not above the law, and the allegations that still have to be proved.