NEWARK, New Jersey — The “hasty arrest” and swift dismissal of a trespassing charge against Mayor Ras Baraka “suggests a worrisome misstep” by interim U.S. Attorney for New Jersey Alina Habba, a federal judge said Wednesday afternoon.
U.S. Magistrate Judge André M. Espinosa granted what he called the “embarrassing retraction” of the misdemeanor charge following a May 9 incident at an Immigration and Customs Enforcement facility in Newark that unfolded in a tussle between federal authorities and three members of Congress and resulted in the arrest of the city’s Democratic mayor, who is also running for governor.
Espinosa said an arrest is a “severe” step, not part of an investigation, and he said prosecutors must not try to secure convictions at all cost, satisfy public clamor or advance political agendas.
“Your office must operate with a higher standard than that,” he said.
Habba was not present for the 1 p.m. virtual hearing for Baraka, though she did phone in to a morning hearing for Rep. LaMonica McIver (D-N.J.), who was charged earlier this week with two counts of assault for actions that happened during the same incident.
McIver was allowed to appear virtually from Washington because Congress is in session. Her case is being handled by federal Magistrate Judge Stacey Adams in Newark.
Habba may still be considering action against the two other members who were present at the ICE facility when Baraka was arrested — Reps. Bonnie Watson Coleman and Rob Menendez, both New Jersey Democrats.
Watson Coleman told POLITICO Wednesday planned meetings between her attorney and Menendez’s with Habba had been rescheduled: “They keep pushing it off.”
The members of Congress have said they were at the ICE facility exercising their oversight duties and were roughed up by federal agents. The government charged McIver with assault for actions she allegedly took while trying to shield Baraka from arrest.
Baraka was eventually handcuffed and detained for several hours that day before being released after throngs of protestors gathered outside a federal office where he was being held.
Stephen Demanovich, the federal prosecutor handling both cases, told Espinosa he heard the judge’s message.
“Your honor, we understand and we endeavor to do just as you said,” he said.
Demanovich said the charge against Baraka was being dropped “in the interest of justice” and to “move forward.”
Baraka was arrested after he had been told to leave a gated area at the ICE facility. Baraka said he had been let in. Court documents filed by prosecutors in the McIver case said the mayor was able to enter “because the guard was under the impression that the Mayor was part of the Congressional delegation.” Whatever the case, Baraka left the gated area. Then federal agents came out to arrest him, setting off a chaotic scene.
At the end of the Baraka hearing, Espinosa said, “Mr. Baraka, you are free to go.”
McIver’s next court appearance is scheduled for June 11. She faces a maximum of eight years in prison for each assault charge.
Nicholas Wu contributed to this report.