A federal judge tore into the Department of Justice on Wednesday as he threw out a trespassing charge against Newark Mayor Ras Baraka. The charge stemmed from Baraka’s visit earlier this month to an ICE detention center alongside three Democratic members of Congress.
U.S. District Judge Andre Espinosa didn’t hold back. He called the DOJ’s actions a “worrisome misstep” and criticized what he saw as a rushed, politically motivated case.
“The government’s conduct here was, frankly, embarrassing,” Espinosa said, before dismissing the charge with prejudice—meaning it can’t be filed again.
To the government’s attorney, Espinosa delivered a sharp rebuke: “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.”
The DOJ had already said it planned to drop the case. Alina Habba, the acting U.S. attorney for New Jersey, announced earlier that the single misdemeanor trespassing charge would be withdrawn.
But the political storm isn’t over. In the same announcement, Habba revealed that Rep. LaMonica McIver (D-N.J.)—who joined Baraka at the ICE facility—would be charged with assaulting officers. The complaint claims she “slammed her forearms” into agents as they tried to arrest Baraka. McIver was expected in court the same day.
Judge Espinosa reminded the court just how serious an arrest is. “It’s a severe action carrying significant reputational and personal consequences,” he said. He then gave Baraka’s legal team a chance to respond.
Raymond Brown, one of Baraka’s lawyers, was clear: “I think it’s clear that the mayor is not guilty of the offenses with which he was charged.”
Another lawyer, Rahul Agarwal, added, “If this matter had proceeded to trial, we felt confident that Mayor Baraka would be vindicated.”
Baraka kept it brief. “My counsel said everything eloquently enough,” he told the court.
Judge Espinosa signed off on the dismissal. Then, turning to Baraka, he said the words that closed the case:
“Mr. Baraka, you are free to go.”
