During a court session held on Wednesday, a federal judge criticized the Department of Justice (DOJ) for agreeing to drop a trespassing accusation against Newark’s mayor, Ras Baraka (D), who visited an ICE facility early this month along with three Democratic congressmembers. The judge expressed disapproval over dismissing the charges related to their unauthorized entry into the immigration enforcement agency’s premises.
U.S. District Judge Andre Espinosa indicated that the arrest represented a “troubling error” by the New Jersey U.S. attorney’s office, pointing out the “hasty decision-making” during the proceedings that led to the government making an “awkward withdrawal” of the charges.
He dismissed the complaint against Baraka with prejudice, indicating that the accusation cannot be filed anew.
Espinosa told the government’s attorney, “Your responsibility isn’t about achieving convictions regardless of cost, appeasing public outcry, or promoting political goals. Instead, your loyalty should be toward the unbiased enforcement of laws, seeking justice, and safeguarding fair procedures for everyone.”
The removal follows statements made by Alina Habba, who serves as the acting U.S. attorney for the District of New Jersey, indicating that her office
planned to drop
The one count of minor trespassing offense.
In the same statement, she disclosed that Rep. LaMonica McIver (D-N.J.), who was alongside Baraka during the visit to the Delaney Hall ICE detention facility, would face charges for allegedly assaulting police officers while at the site.
McIver was
due in court
Wednesday. According to the criminal complaint, when immigration officials tried to detain her, she “struck them with her elbows.”
arrest Baraka
.
Responding to Espinosa’s comments, DOJ attorney Stephen Demanovich stated that the aim of the U.S. attorney’s office is always to maintain justice, and he acknowledged the judge’s point.
Espinosa cautioned the government that making an arrest is “a serious step with substantial reputational and personal repercussions.” He provided Baraka’s lawyer a chance to challenge the allegations.
“I believe it’s evident that the mayor is not guilty of the charges brought against him,” stated Ray Brown, who represents Baraka.
“I concur with Mr. Brown’s sentiments — should this issue have gone to trial, we were certain that Mayor Baraka would emerge victorious,” stated Rahul Agarwal, who also represents Baraka.
When offered the chance to address the court, Baraka stated that his attorney “expressed everything with sufficient eloquence.” Espinosa mentioned that he had affixed his signature to the government’s filing seeking dismissal of the accusations.
“Mr. Baraka, you are now free to leave,” he stated.
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