Judge admonishes prosecutors over handling of Newark mayor’s arrest

A federal judge took federal prosecutors to task in astonishing fashion Wednesday over what he called the “hasty arrest” of Newark Mayor Ras Baraka and their decision to drop his federal trespassing charge Monday, just 10 days after his arrest. 

U.S. Magistrate Judge André Espinosa told prosecutors that the swiftness of their decision to drop the charge “suggests a worrying misstep by your office.”

“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,” Espinosa said to Assistant U.S. Attorney Stephen Demanovich, who was prosecuting Baraka’s case. 

Espinosa said the government’s rush to charge Baraka culminated in the “embarrassing retraction” of the charge — which he said suggests “a failure to adequately investigate, to carefully gather facts, and to thoughtfully consider the implications of your actions before wielding your immense power.”

He emphasized the legacy of high standards of prosecutorial ethics and professionalism from prior U.S. attorneys in New Jersey, adding that charges are brought only after considerate and exhaustive fact-gathering. He noted Demanovich himself acted appropriately, but the office must “operate with a higher standard.”

“Let this incident serve as an inflection point and a reminder to uphold your solemn oath to the people of this district and to your client, justice itself, and ensure that every charge brought is a product of rigorous investigation and earned confidence in its merit, mirroring the exemplary conduct that has long defined your office,” he said. 

Demanovich responded that the office had conducted a thorough review of the claims against Baraka, and he agreed that it’s the goal of his office to uphold justice.

Thursday’s hearing, during which Espinosa formally dismissed the trespassing charge, capped a dramatic two-week period for Baraka, who is one of six Democrats running for governor this year (the primary is June 10).

Baraka was arrested May 9 while House members attempted to tour Delaney Hall, a recently reopened federal immigration detention center in Newark. Baraka had previously tried to gain entrance to the facility, which is engaged in a legal court battle with the city over whether the facility’s owner secured proper city permits to open.

Baraka has maintained that he was invited onto the property by federal agents, and arrested even after he complied with agents’ request for him to leave. He posted a video last week on social media showing a guard opening a gate to let him in.

Though Demanovich told Espinosa during a hearing in the case last week that prosecutors had “clear evidence” Baraka was trespassing, the U.S. Attorney’s Office revealed in a criminal complaint filed against Rep. LaMonica McIver Monday that a guard allowed Baraka onto the property because the guard thought Baraka was a member of Congress with the power to inspect the facility.

After Baraka’s arrest, acting U.S. Attorney Alina Habba said Baraka “has willingly chosen to disregard the law” and added, “NO ONE IS ABOVE THE LAW.” Habba, a personal attorney for President Donald Trump, attended last week’s court hearing in Baraka’s case.

Rahul Agarwal, an attorney for the mayor, said Wednesday if the matter had gone to trial, he’s “confident” that the “charges did not and would not survive scrutiny.” Agarwal also said the dismissal of the charge doesn’t erase the five hours Baraka was detained and the public scrutiny the mayor faced.

When Habba announced Monday that she agreed to drop Baraka’s trespassing charge, she also said she would be charging McIver with a crime. Prosecutors allege McIver assaulted two federal agents while trying to prevent Baraka’s arrest.

McIver maintains the charges are politically motivated and said Tuesday she looks forward “to the truth being laid out clearly in court.”

After Wednesday’s hearing, Baraka was heard on a microphone acknowledging the admonishment from the judge, according to the New Jersey Globe. It’s not clear he knew he could be heard.

“Jesus, he tore these people a new a**hole. Good grief,” Baraka said.