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In the wake of the incident, DHS publicly criticized McIver and other lawmakers who visited Delaney Hall. Multiple statements and social media posts portrayed their visit as reckless and dangerous, raising concerns about bias from a federal agency during an ongoing legal case.
In response, McIver’s attorneys filed a motion to block what they called “extrajudicial statements” from the government, citing eight X posts and a DHS press release as examples, according to Newsweek. The legal team argued these statements could prejudice the case and influence public opinion before it reaches court.
“As of this afternoon, the posts referenced in Defense Exhibits N through U have been removed,” U.S. Deputy Attorney General Todd Blanche confirmed in a filing on October 30, according to Newsweek. However, one post, referenced as Defense Exhibit V, remained visible because it was controlled by a journalist and private citizen, placing it beyond the government’s authority to remove.
The developments follow an October 21 hearing, during which Judge Semper ordered the government to remove the posts and report back within a week. Yet, as McIver’s attorney Lee Cortes noted in a November 6 letter, the Department of Justice had not fully complied even eight days after the deadline.
” … [E]ven with the additional time, DHS again has failed to remove all of the public statements that Congresswoman McIver brought to the government’s and the Court’s attention,” Cortes wrote. The attorney also asked the court to consider sanctions if DHS continues posting statements about McIver.
Cortes accused DHS of dragging its feet on removing the posts while continuing to publish others, warning that McIver was being forced to constantly respond to prejudicial statements. “Without a further order from the Court, Congresswoman McIver will be forced to continue ‘play[ing] Whac-A-Mole’ with ‘government officials’…saying things that have absolutely no connection to the indictment,” he wrote.
Some of the removed posts included strong language, labeling Delaney Hall as housing “the WORST OF THE WORST” and claiming that McIver’s visit “puts the safety of our law enforcement agents and detainees at risk.” Another post criticized the visit as “not oversight” but a “political stunt” that endangered staff and detainees, insisting, “Members of Congress are not above the law.”
McIver continues to contest a three-count indictment for allegedly impeding federal officers. While Judge Semper did not rule on her motion to dismiss the charges, he emphasized that public statements by DHS officials about the case could prejudice future proceedings. The judge warned that “fact-free” social media posts by government officials have the potential to taint a jury pool, underscoring the seriousness of maintaining impartiality.
