Federal Judge Benchslaps DOJ For Arrest Of Newark Mayor During Visit To ICE Detention Facility

Legal Issues

from the jackboots-booted dept

Earlier this month, the federal government — multiple wings of it — went apeshit when dealing with routine oversight of ICE detention facilities. Three New Jersey Congressional reps (of the federal variety) made an unannounced visit to inspect an ICE detention center run by inappropriately gleeful private prison contractor, GeoGroup.

As the Congressional reps tried to carry out their completely legal oversight duties, they were joined by Newark, New Jersey mayor Ras Baraka. Baraka was first told by ICE agents that he was not allowed to join the inspection because he was not a member of Congress. Baraka then removed himself to the sidewalk outside of the detention facility. That turned out to be not enough compliance for federal law enforcement officers, who then arrested him for “trespassing.” All of this was captured on cell phone tape by others attending this inspection/protest.

Shortly after this all went down, acting Attorney General for New Jersey (and Trump appointee) Alina Habba not only proudly announced the arrest of a mayor who complied with requests to exit the facility grounds, but was joined by the DHS, which claimed it would bring federal charges against the three Congressional members who attempted to engage in completely legal oversight of a federal detention facility.

The DOJ is somehow still trying to claim ICE officers were “assaulted” by Rep. LaMonica McIver, but it seems unlikely it will be able to bring this bullshit charge to fruition. It may not have lost the war, but it has definitely lost the first of its battles against its own oversight and [checks notes] someone who fully complied with officers’ demands he remove himself from the detention center grounds.

Federal prosecutors have tried to duck being chewed out for being stupid and vindictive by dismissing charges against Newark Mayor Ras Baraka. But they’re not getting off the hook without being berated by a judge for bringing the charges in the first place, as Zach Blackburn reports for the New Jersey Globe:

A federal judge on Wednesday scolded federal prosecutors and announced he will dismiss trespassing charges against Newark Mayor Ras Baraka related to a standoff at a migrant detention center. 

[…]

“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,” [federal judge Andre] Espinosa said. “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.”

That’s not all Judge Espinosa said. If that had been it, it would have been severe enough. But there’s a lot more.

First, the judge pointed out federal prosecutors (represented by Assistant US Attorney Stephen Demanovich) never bothered to notify the court that it would be dropping the charges against the Newark mayor. The judge noted his displeasure at having to hear this first from local reporting on the case.

He also pointed out that DOJ prosecutors don’t serve Trump or his agenda. Their obligation is to the public, but nothing about this case indicates they’re interested in serving the people that ultimately sign their paychecks.

Espinosa delivered remarks for several minutes before the end of the hearing, reminding the prosecutors of their responsibility to justice and saying, “Your office must operate with a higher standard than that.”

“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.”

If the man heading the administration is demanding injustice, it’s up to federal employees to reject those demands, rather than attempt to carry them out. “Following orders” has never been an acceptable excuse. While the administration is free to determine priorities for federal agencies, when those priorities express themselves as purely vindictive actions that serve no higher purpose, prosecutors should be pushing back (or resigning en masse) rather than become part of the problem.

Newark Mayor Ras Baraka got the last word on his case, though, even if inadvertently:

The reprimands did not go unnoticed. Baraka, on a hot mic after the hearing’s conclusion, reacted: “Jesus, he tore these people a new asshole. Good grief.”

Good. That’s the way it should be. More federal prosecutors should be hesitant to bring bullshit cases to federal courts, even if that’s what the Trump Administration would prefer they do. Prosecutorial discretion is a power that needs to be deployed wisely, not simply ignored in order to curry favor with a megalomaniacal autocrat who somehow has been granted permission to run this country into the ground.

Filed Under: alina habba, andre espinoza, detention center, doj, donald trump, ice, immigration, new jersey, ras baraka, tricia mclaughlin