Rep. LaMonica McIver (D-N.J.) is being charged with assault after a melee outside an immigration detention facility in Newark on May 9.

The decision to charge McIver was announced on Monday evening by Alina Habba, the acting U.S. attorney for the District of New Jersey. Habba in the past served as a personal lawyer to President Trump and remains a fervent supporter.

McIver denies any wrongdoing and contends the prosecution is politically motivated.

Wherever the matter goes from here, charging a sitting member of Congress for assault in contentious circumstances is controversial by its nature.

Supporters of Habba’s decision say it demonstrates that nobody is above the law. Critics argue it is part of a broader push by Trump and his allies to intimidate their opponents.

Here are answers to some key questions.

What are the basics facts?

McIver was one of three New Jersey Democrats who showed up to inspect the detention facility, Delaney Hall, which is privately operated but used by U.S. Immigration and Customs Enforcement (ICE).

The other members were Reps. Rob Menendez and Bonnie Watson Coleman. Also present was Newark Mayor Ras Baraka (D).

Members of Congress have the right to carry out oversight inspections of federal immigration detention facilities without giving prior notice. The same privilege does not extend to other officeholders — a point that became important after Baraka was arrested, allegedly for trespassing.

However, Habba announced the dropping of the trespassing charge against Baraka — “for the sake of moving forward” — in the same statement in which she outlined charges against McIver.

McIver faces two counts of assault. The specific offense in both counts is “Assaulting, Resisting, and Impeding Certain Officers or Employees.”

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