A federal judge on Wednesday chided the Department of Justice (DOJ) during a hearing where he agreed to dismiss a trespassing charge against Newark Mayor Ras Baraka (D), stemming from his visit to a U.S. Immigration and Customs Enforcement (ICE) facility earlier this month alongside three Democratic members of Congress.
U.S. District Judge Andre Espinosa said the arrest suggested a “worrisome misstep” by the New Jersey’s U.S. attorney’s office, noting the “apparent rush” in bringing the case that culminated in the government’s “embarrassing” retraction of the charge.
He dismissed the complaint against Baraka with prejudice, meaning the charges cannot be brought again.
“Your role is not to secure convictions at all costs, nor to satisfy public clamor, nor to advance political agendas,” Espinosa said to the government’s lawyer. “Your allegiance is to the impartial application of the law, to the pursuit of truth and to the upholding of due process for all.”
The dismissal comes after Alina Habba, interim U.S. attorney for the District of New Jersey, said her office planned to drop the single misdemeanor trespassing charge.
She revealed in the same announcement that Rep. LaMonica McIver (D-N.J.), one of the lawmakers Baraka accompanied to the Delaney Hall ICE detention center, would be charged with assaulting law enforcement while at the detention center.
McIver was due in court Wednesday. The criminal complaint against her says she “slammed her forearms” into immigration officers as they attempted to arrest Baraka.
In response to Espinosa’s remarks, DOJ lawyer Stephen Demanovich said it is the U.S. attorney’s office’s goal “at all times” to uphold justice and that he understood the judge’s message.
Espinosa warned the government that an arrest is a “severe action carrying significant reputational and personal consequences.” He offered Baraka’s counsel an opportunity to rebut the accusations.
“I think it’s clear that the mayor is not guilty of the offenses with which he was charged,” said Baraka lawyer Raymond Brown.
“I echo Mr. Brown’s thoughts if this matter had proceeded to trial, we felt confident that Mayor Baraka would be vindicated,” said Rahul Agarwal, another lawyer for Baraka.
Given the opportunity to speak, Baraka said his counsel “said everything eloquently enough.” Espinosa said he signed the government’s motion to dismiss the charges.
“Mr. Baraka, you are free to go,” he said.
