A federal magistrate judge lectured federal prosecutors for withdrawing a trespassing charge against Newark Mayor Ras Baraka after he was arrested during a protest at an ICE facility earlier this month, as a separate judge released NJ Rep. LaMonica McIver without bail.
Both officials were part of a group of rowdy Democratic politicians who stormed Delaney Hall in Newark to protest the reopening of the migrant detention center.
Baraka was arrested at the scene and federal prosecutors retracted the charge, while McIver was slapped with felony charges including assault days after the May 9 fracas.
U.S. Magistrate Judge Andre Espinosa called the arrest of Baraka — a leading candidate in next month’s Democratic primary for NJ governor — a “worrisome misstep,” and criticized the “apparent rush” to bring the case that resulted in the feds’ “embarrassing” withdrawal of the misdemeanor charge.
“Your role is not to secure convictions at all costs, nor to satisfy public clamor, nor to advance political agendas,” Espinosa told the DOJ lawyer, The Hill reported.
“Your allegiance is to the impartial application of the law, to the pursuit of truth and to the upholding of due process for all,” Espinosa chided as he dismissed the complaint with prejudice — meaning it can never be resurrected.
The judge further castigated the DOJ, characterizing an arrest as a “severe action carrying significant reputational and personal consequences.”
Baraka’s attorneys both said he was innocent of the charge and that his exoneration was a fait accompli.
Meanwhile, McIver made her first appearance in New Jersey federal court to answer to felony assault charges filed against her after the ICE facility protest.
Appearing via video screen, McIver, 38, was read her rights before being released on her own recognizance.
She faces up to eight years in prison if convicted.
Until her preliminary hearing — set for June 11 — McIver is not allowed to travel outside of the country unless it’s required for official work purposes, and she must notify the government before doing so.
McIver, who has represented New Jersey’s 10th Congressional District since last September, slammed the charges as “purely political” and blamed the ICE agents at the scene for escalating the confrontation.
“It was very unnecessary,” she told CNN Tuesday, calling the charges “absurd” as she insisted she was “there to do my job.”
“If I’m going to be charged with a crime for doing my job, it really speaks to where we’re headed in this country.”
Acting New Jersey US Attorney Alina Habba defended filing the felony charges, telling The Post that the congresswoman’s alleged assault of federal agents was beyond the pale.
“This has nothing to do with congressional oversight, and it has nothing to do with politics. It’s about respecting those who risk their lives to keep us safe,” said Habba, who was formerly President Trump’s personal lawyer.
In the caught-on-camera scuffle outside the Delaney Hall Detention Center — which houses violent criminal migrants including MS-13 gangbangers — McIver was seen shoving and shouting at Homeland Security and ICE agents, which led to her being slapped with a two-count criminal indictment Monday.
“McIver slammed her forearm into the body of … a uniformed HSI agent. She also reached out and tried to restrain [the agent] by forcibly grabbing him,” the complaint details.
Investigators used bodycam footage and aerial camera stills to show McIver’s actions during the melee. They say the images offer proof that she assaulted the federal officers and tried to stop them from arresting Baraka.
After the mayor was arrested, she allegedly “forcibly struck” an ICE agent, according to the complaint.
Reps. Robert Menendez Jr. (D-NJ) and Bonnie Watson Coleman (D-NJ) were also at the protest.
