A federal judge dismissed a case against Newark Mayor Ras Baraka after he was arrested outside an Immigration and Customs Enforcement (ICE) center in New Jersey earlier this month — and attacked the Justice Department for pursuing it.
Interim New Jersey U.S. Attorney Alina Habba, Trump former criminal lawyer and a staunch ally, announced an investigation into the case last week.
"My office is undertaking a thorough investigation in coordination with our Federal Agency partners of what transpired on Friday at Delaney Hall," Habba wrote on X on May 12. "As is true of every investigation this office handles, all available evidence will be thoroughly reviewed prior to making a determination on how to proceed. I do not take these matters lightly."
Earlier this week, however, Habba said she would be dropping the charges against Baraka. Instead, she has focused on New Jersey Rep. LaMonica McIver (D). On Monday, Habba announced charges against McIver for "assaulting, impeding and interfering with law enforcement."
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New Jersey Globe reporter Zach Blackburn reported Wednesday, the judge gave "Baraka’s attorneys a chance to rebut the charges," but then "seem[ed] confused by the prosecutor’s conduct throughout the case."
“The hasty arrest of Newark Mayor Ras Baraka, followed swiftly by the dismissal of these trespassing charges a mere 13 days later, suggests a worrying misstep by your office,” Federal magistrate judge Andre Espinosa said. “An arrest, particularly of a public figure, is not a preliminary investigative tool. It is a severe action, carrying significant reputational and personal consequences, and it should only be undertaken after a thorough, dispassionate evaluation of credible evidence.”
He said the assistant U.S. attorney, Stephen Demaovich, acted appropriately; however, the judge only found out that the charges against Baraka were being dismissed due to media reports.
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“Your office must operate with a higher standard than that," the judge demanded.
“Federal prosecutors serve a single paramount client: justice itself,” Espinosa added. “Your role is not to secure convictions at all costs, nor to satisfy public clamor, nor to advance political agendas. Your allegiance is to the impartial application to the law, to the pursuit of truth, and to the upholding of due process for all.”
Baraka and other New Jersey lawmakers, including McIver, went to the ICE facility after it began housing detained migrants in early May, the report said. The charges were dismissed "with prejudice," which means they cannot be brought again.
Baraka was caught on a hot mic after the hearing saying, “Jesus, he tore these people a new a--hole. Good grief.”
