USA v. LaMonica McIver
| UNITED STATES OF AMERICA |
| LAMONICA MCIVER |
| FORMER PROSECUTORS OF JANUARY 6, 2021 CAPITOL SIEGE CASES, AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, NATIONAL WOMENS LAW CENTER, NAACP LEGAL DEFENSE & EDUCATIONAL FUND INC and FORMER MEMBERS OF CONGRESS |
| 25-3573 |
| December 30, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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This docket was last retrieved on June 24, 2026. A more recent docket listing may be available from PACER.
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| Filing 57 ARGUED on Wednesday, June 24, 2026. Panel: BIBAS, CHUNG, AMBRO, Circuit Judges. Paul J. Fishman arguing for Appellant. Mark E. Coyne arguing for Appellee. [25-3573, 26-1122] (AR) [Entered: 06/24/2026 11:46 AM] |
| Filing 56 COURT MINUTES OF ARGUED/SUBMITTED CASES. [25-2576, 25-3573, 26-1122] (AR) [Entered: 06/24/2026 09:08 AM] |
| Filing 55 ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Paul J. Fishman, Esq. for Appellant Lamonica McIver in 25-3573, 26-1122. Case Summary: Whether the indictment should be dismissed under the Speech or Debate Clause, separation-of-powers, or selective and vindictive prosecution doctrines, and whether the Court has jurisdiction to review the order on selective and vindictive prosecution. Post Video: YES. [25-3573, 26-1122] (PJF) [Entered: 06/09/2026 10:30 AM] |
| Filing 54 Oral Argument Notification for Wednesday, 06/24/2026. Setting & Time: 2B Courtroom / 9:30 am. Location: Wilmington, DE. [25-3573, 26-1122] (KY) [Entered: 06/02/2026 03:46 PM] |
| Filing 53 HARD COPY RECEIVED from Appellant Lamonica McIver in 25-3573, 26-1122 - Reply Brief. Copies: 7. [25-3573, 26-1122] (KEL) [Entered: 05/26/2026 12:46 PM] |
| Filing 52 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellant Lamonica McIver in 25-3573, 26-1122. Certificate of Service dated 05/21/2026 by ECF. [25-3573, 26-1122] (PJF) [Entered: 05/21/2026 04:45 PM] |
| Filing 51 TEXT ORDER (Clerk) dismissing as unnecessary the Joint Motion to Modify the Briefing Schedule filed by Parties. It is noted that the Court granted Appellee's motion for leave to file its corrected brief out of time on May 7, 2026. Appellant's Unopposed Motion for Extension of Time to File a Reply Brief is granted. Appellant's reply brief must be filed and served on or before May 21, 2026. Pursuant to 3d Cir. L.A.R. 31.4, only one motion for extension of time to file a reply brief may be granted. Any further requests for extension of time will be presented to the Court and should be based on exceptional circumstances. [25-3573, 26-1122] (DW) [Entered: 05/08/2026 12:54 PM] |
| Filing 50 HARD COPY RECEIVED from Appellee USA in 25-3573, 26-1122 - CORRECTED Brief. Copies: 7. [Entry edited to reflect all party filers] [25-3573, 26-1122]--[Edited 05/19/2026 by EMA] (PAR) [Entered: 05/08/2026 11:02 AM] |
| Filing 49 ECF FILER: UNOPPOSED Motion filed by Appellant Lamonica McIver in 25-3573, 26-1122 for Extension of Time to file Reply Brief until/for 5/21/2026. Certificate of Service dated 05/07/2026. Service made by ECF. [25-3573, 26-1122] (PJF) [Entered: 05/07/2026 03:40 PM] |
Filing 48
ORDER (BIBAS, CHUNG and AMBRO, Circuit Judges) granting Motion by Appellee for Leave to File Responsive Brief Out of Time. Stephanos Bibas, Authoring Judge. [25-3573, 26-1122] (MS) [Entered: 05/07/2026 09:23 AM]
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| Filing 47 ECF FILER: Motion filed by Appellee USA in 25-3573, 26-1122 to file corrected responsive brief for appellee (the corrections fix a typo in the body of the brief and mistakes in the table of authorities and table of abbreviations) out of time. Certificate of Service dated 05/05/2026. Service made by ECF. [25-3573, 26-1122] (MEC) [Entered: 05/05/2026 06:22 PM] |
| Filing 46 ECF FILER: CORRECTED ELECTRONIC BRIEF on behalf of Appellee USA in 25-3573, 26-1122. Certificate of Service dated 05/05/2026 by ECF. [25-3573, 26-1122] (MEC) [Entered: 05/05/2026 06:18 PM] |
| Filing 45 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee USA in 25-3573, 26-1122. Certificate of Service dated 05/05/2026 by ECF. [25-3573, 26-1122] - [Attachment has been deleted by the Clerk as duplicative]--[Edited 05/06/2026 by MS] (MEC) [Entered: 05/05/2026 05:01 PM] |
| Filing 44 ECF FILER: JOINT Motion filed by Appellee USA in 25-3573, 26-1122 for Extension of Time to file appellee's responsive brief until 5/4/2026 and for appellant's reply brief until 05/19/26. Certificate of Service dated 04/29/2026. Service made by ECF. [25-3573, 26-1122] (MEC) [Entered: 04/29/2026 04:46 PM] |
| Filing 43 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Paul J. Fishman, Esq. for Appellant Lamonica McIver in 26-1122, 25-3573. Certificate of Service dated 04/22/2026. Service made by ECF. [26-1122, 25-3573] (PJF) [Entered: 04/22/2026 05:41 PM] |
| Filing 42 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Mark E. Coyne, Esq. for Appellee USA in 25-3573, 26-1122. Certificate of Service dated 04/22/2026. Service made by ECF. [25-3573, 26-1122] (MEC) [Entered: 04/22/2026 03:24 PM] |
| Filing 41 Calendared for Tuesday, 06/23/2026 in Wilmington, DE. Calendar Clerk: KY. [25-3573, 26-1122] (KY) [Entered: 04/22/2026 02:39 PM] |
| Filing 40 HARD COPY RECEIVED from Amicus Appellant Former Members of Congress in 25-3573 - Amicus Brief. Copies: 7. [25-3573, 26-1122] (PAR) [Entered: 04/10/2026 11:00 AM] |
| Filing 39 HARD COPY RECEIVED from Amicus Appellants American Civil Liberties Union of New Jersey, NAACP Legal Defense & Educational Fund Inc and National Womens Law Center in 25-3573 - Amicus Brief. Copies: 7. [25-3573, 26-1122] (JD) [Entered: 04/09/2026 12:16 PM] |
| Filing 38 ECF FILER: ENTRY OF APPEARANCE from Harold Craig Becker on behalf of Amicus Curiae Former Members of Congress (see attachment). [25-3573, 26-1122] (HCB) [Entered: 04/07/2026 12:38 PM] |
| Filing 37 TEXT ORDER (Clerk) directing Attorney Harold C. Becker, Esq. for Amicus Appellant Former Members of Congress in 25-3573, 26-1122 to file an Entry of Appearance pursuant to L.A.R. 46.2. Due on or before 04/10/2026. [25-3573, 26-1122] (MS) [Entered: 04/07/2026 11:49 AM] |
| Filing 36 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Former Members of Congress in support of Appellant/Petitioner. Certificate of Service dated 04/06/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [25-3573, 26-1122] (HCB) [Entered: 04/06/2026 04:52 PM] |
| Filing 35 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Amici Curiae American Civil Liberties Union of New Jersey, National Women's Law Center, and NAACP Legal Defense & Educational Fund, Inc. in support of Appellant/Petitioner. Certificate of Service dated 04/06/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [25-3573, 26-1122] (LSL) [Entered: 04/06/2026 04:48 PM] |
| Filing 34 ECF FILER: ENTRY OF APPEARANCE from Lawrence S. Lustberg on behalf of Amicus Curiae American Civil Liberties Union of New Jersey, National Women's Law Center, and NAACP Legal Defense & Educational Fund, Inc.. [25-3573, 26-1122] (LSL) [Entered: 04/06/2026 04:26 PM] |
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Filing 33
ORDER (Clerk) The foregoing motion is referred to the merits panel. The Clerk's Office will hold Volumes IV and V of the joint appendix provisionally under seal pending a ruling by the Court. [25-3573, 26-1122] (MS) [Entered: 04/06/2026 10:56 AM]
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| Filing 32 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Former Prosecutors of January 6, 2021 Capitol Siege Cases in support of Appellant/Petitioner. Certificate of Service dated 04/06/2026 by ECF. F.R.A.P. 29(a) Permission: YES. [25-3573, 26-1122]--[Edited 04/06/2026 by MS] (JIP) [Entered: 04/06/2026 10:28 AM] |
| Filing 31 ECF FILER: ENTRY OF APPEARANCE from James I. Pearce on behalf of Amicus Curiae Former Prosecutors of January 6, 2021 Capitol Siege Cases. [25-3573, 26-1122] (JIP) [Entered: 04/06/2026 09:14 AM] |
| Filing 30 HARD COPY RECEIVED from Appellant Lamonica McIver in 25-3573, 26-1122 - Appendix. Copies: 4. Volumes: 5. (Volume I attached to Brief, Volume III - Digital Media Files, Volumes IV and V (Sealed); Volume V - Digital Media Files) [25-3573, 26-1122] (EAF) [Entered: 04/03/2026 10:23 AM] |
| Filing 29 EXHIBIT(S) [Flash Drives SEALED VOLUMES 3 & 5 ] on behalf of Appellant Lamonica McIver in 25-3573, 26-1122. Copies: 2 copies each. [25-3573, 26-1122] (PAR) [Entered: 04/02/2026 01:43 PM] |
| Filing 28 HARD COPY RECEIVED from Appellant Lamonica McIver in 25-3573, 26-1122 - Brief with Volume I of Appendix attached. Copies: 7. [25-3573, 26-1122] (PAR) [Entered: 04/02/2026 01:38 PM] |
| Filing 27 ECF FILER: ELECTRONIC BRIEF on behalf of Appellant Lamonica McIver in 25-3573, 26-1122. Certificate of Service dated 03/30/2026 by ECF. [25-3573, 26-1122] (PJF) [Entered: 03/30/2026 04:53 PM] |
| Filing 26 ECF FILER: AUDIO/VIDEO SUBMISSION FORM from Attorney Paul J. Fishman, Esq. for Appellant Lamonica McIver in 25-3573, 26-1122. Certificate of Service dated 03/30/2026. Service made by ECF. [25-3573, 26-1122] (PJF) [Entered: 03/30/2026 04:06 PM] |
| Filing 25 ECF FILER: SEALED ELECTRONIC APPENDIX on behalf of Appellant Lamonica McIver in 25-3573, 26-1122. Certificate of Service dated 03/30/2026 by ECF, Email. [25-3573, 26-1122] (PJF) [Entered: 03/30/2026 04:05 PM] |
| Filing 24 ECF FILER: ELECTRONIC APPENDIX on behalf of Appellant Lamonica McIver in 25-3573, 26-1122. Certificate of Service dated 03/30/2026 by ECF. [25-3573, 26-1122] (PJF) [Entered: 03/30/2026 04:03 PM] |
| Filing 23 ECF FILER: ELECTRONIC VOLUME I of APPENDIX on behalf of Appellant Lamonica McIver in 25-3573, 26-1122. Certificate of Service dated 03/30/2026 by ECF. [25-3573, 26-1122] (PJF) [Entered: 03/30/2026 04:00 PM] |
| Filing 22 ECF FILER: Motion filed by Appellant Lamonica McIver in 25-3573, 26-1122 to seal Appendix Volume IV and Appendix Volume V. Certificate of Service dated 03/30/2026. Service made by ECF. [25-3573, 26-1122] - SEND TO MERITS PANEL--[Edited 04/06/2026 by MS] (PJF) [Entered: 03/30/2026 03:58 PM] |
| Filing 21 ECF FILER: ENTRY OF APPEARANCE from Amanda J. Raines on behalf of Appellant(s) LaMonica McIver. [25-3573, 26-1122] (AJR) [Entered: 03/30/2026 02:54 PM] |
| Filing 20 ECF FILER: ENTRY OF APPEARANCE from Orion de Nevers on behalf of Appellant(s) LaMonica McIver. [25-3573, 26-1122] (Od) [Entered: 03/30/2026 02:50 PM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from Samuel F. Callahan on behalf of Appellant(s) LaMonica Mciver. [25-3573, 26-1122] (SC) [Entered: 03/30/2026 02:46 PM] |
| Filing 18 ECF FILER: ENTRY OF APPEARANCE from Lee M. Cortes, Jr. on behalf of Appellant(s) LaMonica Mciver. [25-3573, 26-1122] (LMC) [Entered: 03/30/2026 02:42 PM] |
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Filing 17
ORDER (PORTER, FREEMAN and AMBRO, Circuit Judges) The governments motion to dismiss part of appeal No. 25-3573 is REFERRED to the merits panel for consideration after briefing. See 3d Cir. I.O.P. 10.3.5. This order does not represent a finding of jurisdiction in this matter. As in all cases, the merits panel will make a final determination of jurisdiction. The parties should address jurisdiction in their briefs. See Fed. R. App. P. 28(a)(4) & 28(b). The parties joint motion to set briefing schedule is GRANTED IN PART as follows. These appeals are hereby EXPEDITED. Briefing will proceed under the following peremptory schedule: Appellants opening brief and the appendix must be filed within thirty (30) days. Governments response brief must be filed within thirty (30) days after the opening brief. Appellants reply brief must be filed within ten (10) days after the response brief. Absent extraordinary circumstances, no extensions of these deadlines will be granted. The Clerk is expected to calendar these appeals before a merits panel of this Court in June or July. By Panel No.: ACO-062-E. Freeman, Authoring Judge. [25-3573, 26-1122] (SB) [Entered: 02/27/2026 12:30 PM]
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| Filing 16 ECF FILER: Reply by Appellee USA in 25-3573, 26-1122 to Response. Certificate of Service dated 02/26/2026. Service made by ECF. --[SEND TO MERITS] Edited 02/27/2026 by CND][25-3573, 26-1122] (MEC) [Entered: 02/26/2026 08:57 PM] |
| Filing 15 ECF FILER: Response filed by Appellant Lamonica McIver in 25-3573, 26-1122 to motion, clerk order. Certificate of Service dated 02/19/2026. --[SEND TO MERITS] Edited 02/27/2026 by CND][25-3573, 26-1122] (PJF) [Entered: 02/19/2026 04:47 PM] |
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Filing 14
ORDER (Clerk) The Joint Motion to Set Briefing Schedule is granted to the extent the parties seek to set a schedule for the motion to partially dismiss Appeal No. 25-3573. The following schedule shall apply to the motion to partially dismiss, which was filed on February 9, 2026: Appellants response must be filed on or before February 19, 2026; and Appellees reply must be filed on or before February 26, 2026. The parties are advised, however, that the Court may not wait until a reply has been filed before considering the motion to partially dismiss. See 3d Cir. I.O.P. 10.2.3. The remainder of the parties motion to set a briefing schedule is referred to the same panel of the Court that will consider Appellees motion to partially dismiss Appeal No. 25-3573.. [25-3573, 26-1122] (SB) [Entered: 02/10/2026 10:42 AM]
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| Filing 13 ECF FILER: Motion filed by Appellee USA in 25-3573, 26-1122 to dismiss partial claim(s) in appeal. Certificate of Service dated 02/09/2026. Service made by ECF. --[SEND TO MERITS] Edited 02/27/2026 by CND][25-3573, 26-1122] (MEC) [Entered: 02/09/2026 05:49 PM] |
| Filing 12 ECF FILER: JOINT Motion filed by Appellant Lamonica McIver in 25-3573, 26-1122 to set briefing schedule. Certificate of Service dated 02/04/2026. Service made by ECF. [25-3573, 26-1122] (PJF) [Entered: 02/04/2026 08:07 PM] |
| Filing 11 CLERK ORDER The actions at Nos. 25-3573 and 26-1122 are hereby consolidated for all purposes. The parties are advised that all motions and briefs must be electronically filed in all cases on the Courts electronic case filing (ECF) system. The parties are further advised that case opening forms for later filed appeals must only be filed in the new appeals and not re-filed in earlier appeals in which the forms were previously filed. The briefing and scheduling order issued in No. 25-3573 on January 14, 2026, is hereby vacated. A new consolidated briefing schedule will be issued at the appropriate time.. [25-3573, 26-1122] (SB) [Entered: 01/22/2026 02:14 PM] |
| Filing 10 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (SB) [Entered: 01/14/2026 09:55 AM] |
| Filing 9 BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Lamonica McIver due on or before 02/13/2026. Appendix due on or before 02/13/2026. Presentence Report due on or before 02/13/2026. [VACATED per 1/22/26 Clerk Order]--[Edited 01/22/2026 by SB] (SB) [Entered: 01/14/2026 09:51 AM] |
| Filing 8 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Lamonica McIver advising this court that transcripts are already on file in the District Court. [25-3573] (PJF) [Entered: 01/13/2026 02:49 PM] |
| Filing 7 ECF FILER: CRIMINAL INFORMATION STATEMENT on behalf of Appellant Lamonica McIver. [25-3573] (PJF) [Entered: 01/13/2026 02:37 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from John M. Fietkiewicz on behalf of Appellant(s) LaMonica McIver. [25-3573] (JMF) [Entered: 01/12/2026 12:54 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Paul Fishman on behalf of Appellant(s) LaMonica McIver. [25-3573] (PJF) [Entered: 12/31/2025 02:42 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Mark E. Coyne on behalf of Appellee(s) United States of America. [25-3573] (MEC) [Entered: 12/31/2025 10:36 AM] |
| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (SB) [Entered: 12/30/2025 01:55 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (SB) [Entered: 12/30/2025 01:54 PM] |
| Filing 1 CRIMINAL CASE DOCKETED. Notice filed by Lamonica McIver in District Court No. 2:25-cr-00388-001. (SB) [Entered: 12/30/2025 01:44 PM] |
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