Judge nixed charges against Newark mayor in Delaney Hall scrum, criticizes feds

A federal judge on Wednesday formally dismissed trespassing charges against Newark Mayor Ras Baraka for his role in a scrum outside the Delaney Hall immigration detention facility earlier this month and upbraided federal officials for filing the charges.

Judge Andre Espinosa, presiding in an afternoon hearing, called the government’s request to dismiss the charges an “embarrassing” retraction that suggested a “failure” to properly investigate the claims before they were brought.

In another proceeding earlier Wednesday, a federal judge released New Jersey Rep. LaMonica McIver on her own recognizance on assault charges stemming from the same incident – a skirmish with immigration and Homeland Security officers outside Delaney Hall on May 9.

Prosecutors allege that McIver, who appeared in Wednesday's proceeding virtually from Washington, pushed and grabbed Immigration and Customs Enforcement and Homeland Security Investigations agents while trying to stop the arrest of Baraka, who has alleged the city has been improperly denied opportunity to inspect the privately run facility.

On May 9, McIver and fellow Democratic New Jersey Reps. Bonnie Watson Coleman and Bob Menendez appeared outside Delaney Hall, saying they were there for an oversight visit. The scrum with Baraka, the lawmakers and federal agents ensued, much of which was recorded.

A Homeland Security spokesperson has said the lawmakers did not follow proper procedures in seeking entrance to the recently opened facility, which is expected to accommodate some 1,000 detainees facing deportation.

McIver answered “yes, your honor,” to inquiries from Magistrate Judge Stacey Adams and spoke no other words during the 15-minute proceeding, according to the Associated Press.

The lawmaker has denied wrongdoing, calling the charges an act of “political intimidation” by the Trump administration.

It is rare for members of Congress to face criminal charges for conduct unconnected with any allegations of fraud or corruption.

“Me being charged is absurd, especially when I’m just there to do my job,” McIver said in an appearance on MSNBC on Wednesday morning. “The confusion and the chaos that you see was caused by ICE officials and Homeland Security. They created this unnecessary situation by arresting the mayor.”

McIver was charged on Tuesday with two counts of assaulting, resisting and impeding an officer. Prosecutors said each charge carries a maximum penalty of up to eight years in prison, according to the Associated Press.

Baraka’s attorneys applauded the U.S attorney’s office’s move to dismiss his case, but criticized the government for arresting the mayor and detaining him for five hours.

“A just government never loses when justice is done,” Raymond M. Brown, one of Baraka’s attorneys, said during the hearing.

“The fact of this dismissal does not undo the things that happened over the last few weeks,” added Rahul Agarwal, another of Baraka’s attorneys.

Espinosa asked the U.S. attorney’s office in New Jersey to heed its duty to uphold justice and thoroughly investigate cases before pressing charges, especially in the arrest of public figures.

“We endeavor and the goal of the office at all times is to uphold justice,” Assistant U.S. Attorney Stephen Demanovich said.

Acting U.S. Attorney Emily Habba said the dismissal against Baraka was sought "for the sake of moving forward."

A preliminary hearing in McIver’s case was scheduled for June 11.