Judge dismisses Baraka charges, reprimands prosecutors

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. 

Interim U.S. Attorney for New Jersey Alina Habba announced earlier this week she would drop charges against Baraka (but at the same time announced new charges against Rep. LaMonica McIver stemming from a scuffle during Baraka’s arrest). Federal magistrate judge Andre Espinosa reprimanded the federal prosecutors for more than five minutes, calling the retraction of the charges “embarrassing.”

“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,” 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.”

The judge directed his comments to Assistant U.S. Attorney Stephen Demanovich — the judge said Demanovich had acted appropriately throughout the case, but as the representative of the U.S. Attorney’s Office, he was responsible for hearing the message.

Federal magistrate judge Andre Espinosa said he found out about the dismissal through reports in the media, rather than from prosecutors themselves. The judge said that while there will be no trial, he believed Baraka deserved the chance to defend himself against the accusations.

“If this matter had proceeded to trial, we feel confident that Mayor Baraka would be vindicated,” said Rahul Agarwal, one of Baraka’s attorneys. “We have believed from the outset that these charges did not and would not survive scrutiny.”

Baraka had visited Delaney Hall, a 1,100-bed facility in the East Ward of Newark that began housing immigrant detainees at the beginning of this month, with three members of Congress for an oversight visit. Baraka has argued that Delaney Hall is operating illegally; the city of Newark is suing GEO Group, the private-prison company that operates Delaney Hall, alleging the company hasn’t obtained the necessary certificates to open the building. That lawsuit is ongoing.

During Wednesday’s hearing, Baraka left the speaking to his attorneys, but he has previously maintained that the charges against him were politically motivated and baseless. He released video footage last week that showed Delaney Hall officials allowing the mayor into the gates of the facility. The mayor said he left the center when asked minutes later, and photographs from the Jersey Vindicator appear to confirm that timeline. The arrest of Baraka, who is running to succeed term-limited Gov. Phil Murphy, garnered headlines from across the country.

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.”

Demanovich said the office had conducted a thorough investigation and said they had decided to dismiss the case in an effort to “move forward.”

“I do hear your message, and again, it’s the endeavor and the goal of the office at all times to uphold justice and to reach the right result in this case,” he said.

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.”

This story is developing and will be updated. This post was updated to correct the spelling of Agarwal’s last name.