What’s dicier these days?
Flying into Newark Liberty Airport? Or finding yourself near the front gate of an ICE detention center in Newark?
To the mind of famous bandleader Raymond Scott – you’re in for “Bumpy Weather Over Newark” either way. That’s one of Scott’s most famous compositions. It ranks right up there with “Powerhouse” and the scores to 120 Looney Tunes and Merrie Melodies cartoons.
A trio of House Democrats scuffled with federal law enforcement officers last week at Delaney Hall in Newark. It’s possible they could face discipline from the House for the fracas. Or worse.
REPUBLICANS STRUGGLE WITH TRUMP’S MIXED SIGNALS ON ‘BIG, BEAUTIFUL BILL’
Fox is told that arrests could be in the offing for Reps. LaMonica McIver, D-N.J., Robert Menendez Jr., D-N.J., and Bonnie Watson Coleman, D-N.J.
“What happened on May 9th was not oversight. It was a political stunt that put the safety of our law enforcement officers, our agents, our staff, and our detainees at risk,” said Homeland Security Secretary Kristi Noem to a House hearing Wednesday. “The behavior was lawlessness. And it was beneath this body.”
Noem should know something about that. She served in the House for eight years. On her way into the hearing, Noem said that an investigation is underway.
“I think that arrests are still on the table for this,” said Homeland Assistant Secretary for Public Affairs Tricia McLaughlin on Fox. “If it was a typical U.S. citizen and they tried to storm into a detention facility that’s housing dangerous criminals or any person at all, they would be arrested. Just because you are a Member of Congress or just because you’re a public official does not mean you are above the law.”
Democrats argue they did nothing wrong. They had a right, under the law, to request an inspection of the facility. That comports with their oversight responsibilities. But House Speaker Mike Johnson, R-La., assessed videotape of Democrats tangling with federal agents. He determined that wasn’t oversight.
“It looked like a battery to me,” said Johnson.
House Minority Leader Hakeem Jeffries, D-N.Y., saw it differently.
“There is zero basis to hold any Member of Congress accountable,” said Jeffries. “No videos have been produced suggesting that they’ve engaged in any inappropriate activity. And if those videos existed, certainly they would have been put into the public domain by now. Those videos haven’t been released because they don’t exist.”
Chatter about possible arrests or sanctions for the Democrats rattled around Capitol Hill all week. McIver and her aides bowled past a wall of reporters en route to the Noem hearing Wednesday.
“Are you worried about being arrested potentially?” asked yours truly.
McIver’s aides pushed arms and hands holding microphones out of the way.
“Excuse me! Excuse me!” ordered McIver, never breaking stride.
“The Speaker has talked about censure, Ms. McIver. Do you have any response to that?” I asked.
The Congresswoman disappeared behind a doorway to the House Homeland Security Committee, never responding.
TRUMP PUSHES TAX HIKES FOR WEALTHY AS ‘BIG, BEAUTIFUL BILL’ DEADLINE LOOMS
Colleague Dan Scully tried valiantly to get McIver to comment on Thursday. But no dice.
“(Interim U.S. Attorney for New Jersey) Alina Habba said she was going to announce an investigation. Was there any sort of deal made between you and what happened over there? Do you care to comment on that at all?” asked Scully.
Silence from McIver.
“Has anyone from DOJ reached out to you?” asked another reporter.
Crickets.
“Congresswoman, do you regret shoving officers? Did you think you would get away with that?” asked another scribe.
Nada.
“Do you have any comment at all?” queried Scully.
It’s doubtful that even the resourcefulness of TV’s MacGyver could have pried loose any response from McIver.
Rep. Buddy Carter, R-Ga., introduced a resolution to strip McIver, Menendez and Watson Coleman of their committee assignments.
“Keep your hands off of Members of Congress,” warned Jeffries.
Yours truly followed up with Jeffries at his press conference Tuesday.
“What happens if they were to go and arrest these Members, or if they would try to sanction them in the House first?” I asked.
“They’ll find out,” replied Jeffries.
“What would you do?” I followed up.
“They’ll find out,” repeated Jeffries.
“What resource?” I countered.
“They’ll find out,” he said again.
“Doesn’t that broach…?”
“They’ll find out.”
“Does that go against…?”
“That’s a red line,” said Jeffries.
“What’s the red line?” I asked.
TWO PLANES DO ‘GO-AROUNDS’ TO AVOID MILITARY HELICOPTER NEAR REAGAN WASHINGTON NATIONAL AIRPORT
“It’s a red line. It’s very clear. First of all, I think that the so-called Homeland Security spokesperson is a joke. It’s a joke. They know better than to go down that road. And it’s been made loudly and abundantly clear to the Trump Administration. We’re not going to be intimidated by their tactics,” said Jeffries. “There are clear lines that they just dare not cross.”
An arrest of these lawmakers would spark a firestorm on Capitol Hill. Article I, Section 6 of the Constitution generally shields lawmakers from charges – so long they as they are conducting official Congressional business. A lawmaker isn’t off the hook if they shoot someone. But the Founders were mindful of how politically-motivated arrests could undercut the work of Congress. So, they crafted what’s known as the “Speech or Debate” clause to inoculate lawmakers when conducting business.
“They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place,” reads the provision.
“I don’t think that’s Speech and Debate clause,” said Johnson about the rhubarb in Newark. “We have to set a standard here. You cannot have Members of Congress pushing law enforcement officials around and that’s exactly what everybody saw on the videotape.”
Former House Speaker Nancy Pelosi, D-Calif., wondered how a prosecution might short-circuit Congressional prerogatives and privileges.
“I think it’s a sign of weakness to instill fear,” said Pelosi. “It does definitely step on the Speech or Debate Clause.”
One Democrat involved in the Newark skirmish said prosecution wouldn’t surprise her.
“The rule of law means nothing to them,” said Watson Coleman. “I think the majority of this country will see that this is not American. This is not upholding the Constitution.”
House Republicans would like to censure the triumvirate of New Jersey Democrats who were at Delaney Hall. Censure is one of the official modes of discipline in the House, just short of expulsion. That requires a vote on the House floor. The House voted to censure Rep. Al Green, D-Tex., after he hectored President Trump during his speech to a Joint Session of Congress in March.
Like all things, it’s about the math. And Fox is told the House likely lacks the votes to discipline the Members or oust them from committees.
As for criminal charges? Those remain to be seen. But actually arresting a Member of Congress would undoubtedly trigger some “Bumpy Weather Over Newark.”
And a political firestorm in Washington, DC.