A federal judge on Monday denied Rep. LaMonica McIver’s (D-N.J.) bid to dismiss a federal assault charge based on legislative immunity, rejecting for the third time the House member’s arguments that her alleged conduct was protected.

McIver had argued she’s immune under the Constitution’s Speech and Debate Clause, which shields lawmakers for conduct done as part of their legislative activities.

Semper previously denied her request to toss out two of those charges but reserved judgment on the third pending review of additional video footage. He rejected her arguments on the final charge Monday, as well, saying the footage showed McIver — not the officer — initiating contact.

“The Court cannot find that Defendant’s alleged conduct was legislative in nature,” Semper wrote. “When Defendant encountered V-2, and in the few seconds that followed, she was not engaging in ‘factfinding, information gathering, [or] investigative activities[.]’ Her conduct was not tied to potential legislation or any other policy-making purpose. “The physical contact she engaged in outside the facility lacked a legislative prerogative,” he continued.