Judge scolds DOJ in dismissing ICE facility trespassing charge against Newark mayor

A national justice connected Wednesday chided the Department of Justice (DOJ) during a proceeding wherever helium agreed to disregard a trespassing complaint against Newark Mayor Ras Baraka (D), stemming from his sojourn to a U.S. Immigration and Customs Enforcement (ICE) installation earlier this period alongside 3 Democratic members of Congress.  

U.S. District Judge Andre Espinosa said the apprehension suggested a “worrisome misstep” by the New Jersey’s U.S. attorney’s office, noting the “apparent rush” successful bringing the lawsuit that culminated successful the government’s “embarrassing” retraction of the charge.  

He dismissed the ailment against Baraka with prejudice, meaning the charges cannot be brought again.

“Your relation is not to unafraid convictions astatine each costs, nor to fulfill nationalist clamor, nor to beforehand governmental agendas,” Espinosa said to the government’s lawyer. “Your allegiance is to the impartial exertion of the law, to the pursuit of information and to the upholding of owed process for all.” 

The dismissal comes aft Alina Habba, interim U.S. lawyer for the District of New Jersey, said her bureau planned to drop the azygous misdemeanor trespassing charge.  

She revealed successful the aforesaid announcement that Rep. LaMonica McIver (D-N.J.), 1 of the lawmakers Baraka accompanied to the Delaney Hall ICE detention center, would beryllium charged with assaulting instrumentality enforcement portion astatine the detention center.  

McIver was due successful court Wednesday. The transgression ailment against her says she “slammed her forearms” into migration officers arsenic they attempted to arrest Baraka.  

In effect to Espinosa’s remarks, DOJ lawyer Stephen Demanovich said it is the U.S. attorney’s office’s extremity “at each times” to uphold justness and that helium understood the judge’s message. 

Espinosa warned the authorities that an apprehension is simply a “severe enactment carrying important reputational and idiosyncratic consequences.” He offered Baraka’s counsel an accidental to rebut the accusations.  

“I deliberation it's wide that the politician is not blameworthy of the offenses with which helium was charged,” said Baraka lawyer Raymond Brown.

“I echo Mr. Brown's thoughts — if this substance had proceeded to trial, we felt assured that Mayor Baraka would beryllium vindicated,” said Rahul Agarwal, different lawyer for Baraka.

Given the accidental to speak, Baraka said his counsel “said everything eloquently enough.” Espinosa said helium signed the government's question to disregard the charges. 

“Mr. Baraka, you are escaped to go,” helium said.