NEWARK, NJ– On Wednesday federal magistrate judge Andre Espinosa reprimanded the U.S. Attorney’s Office for the “hasty arrest” of Newark Mayor Ras Baraka for trespassing and the “embarrassing” retraction of the charges.
According to a New Jersey Globe press release, Baraka was charged with trespassing after an alleged standoff at Delaney Hall, a facility for housing immigrant detainees. Baraka had been visiting Delaney Hall with three members of Congress to perform an oversight visit, the press release said.
Baraka has argued that Delaney Hall is operating illegally. According to the press release, the city of Newark is suing GEO Group, the private-prison company that operates Delaney Hall. It is alleged that the company doesn’t have the necessary certificates to open the building. That lawsuit is ongoing.
Prior to the hearing on Wednesday, Baraka had said the trespassing charges alleged against him were “politically motivated and baseless.” According to the press release, video footage and photographs confirm Delaney Hall officials allowed Baraka into the facility, and that he complied when asked to leave minutes later.
Interim U.S. Attorney Alina Habba alleged Baraka “ignored multiple warnings from Homeland Security Investigations to remove himself.” However, Baraka told reporters, “The guy told me to leave, I left.’”
Earlier this week, Habba announced the trespassing charges against Baraka would be dropped, the press release said. However, she also announced new charges related to the event.
Habba alleged that Rep. LaMonica McIver committed assault and impeded law enforcement during a fight that ensued at Baraka’s arrest: “Representative LaMonica McIver assaulted, impeded, and interfered with law enforcement in violation of Title 18, United States Code, Section 111(a)(1).”
She continued, stating “that conduct cannot be overlooked by the chief federal law enforcement official in the State of New Jersey, and it is my Constitutional obligation to ensure that our federal law enforcement is protected when executing their duties.”
Assistant U.S. Attorney Stephen Demanovich, the representative of the U.S. Attorney’s Office, said the office had conducted a thorough investigation into Baraka’s charges and had decided to dismiss the case to “move forward.”
In response to the dismissal, one of Baraka’s attorneys, Rahul Agarwal, made a statement: “If this matter had proceeded to trial, we feel confident that Mayor Baraka would be vindicated.” He continued to say, “We have believed from the outset that these charges did not and would not survive scrutiny.”
According to the press release, the dismissal was brought to Espinosa’s attention from reports in the media, not the prosecutors themselves. Espinosa called the retraction of charges “embarrassing.”
Espinosa scolded Demanovich as the representative of the U.S. Attorney’s Office: “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.”
According to the press release, Espinosa believed Demanovich had acted appropriately throughout the case, but as the representative of the U.S. Attorney’s Office, he was responsible for hearing the message.
Espinosa continued to say, “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.
“Federal prosecutors serve a single paramount client: justice itself,” Espinosa said. “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 of the law, to the pursuit of truth, and to the upholding of due process for all.”
According to the press release, Espinosa’s reprimands lasted more than five minutes. Before concluding, he reminded prosecutors of their responsibility to justice. “Your office must operate with a higher standard than that,” he said.
Demanovich acknowledged Espinosa’s remarks, and said, “I do hear your message, and, again, it’s the endeavor and the goal of the office at all times to uphold justice and to reach the right result in this case.”
According to the press release, Espinosa’s reprimands were noticed by the public. Baraka was questioned after the hearing’s conclusion and reacted to Espinosa’s comments: “Jesus, he tore these people a new asshole. Good grief.”
