At the start of this week, Acting U.S. Attorney Alina Habba for the District of New Jersey announced she was charging Rep. LaMonica McIver (D-NJ) after she, along with other fellow New Jersey Democrats, tried to storm an ICE facility earlier this month. Habba's press release about the matter not only mentioned charging McIver, but also how charges against Newark Mayor Ras Baraka, who was arrested at the scene on May 9, would be dropped. Although U.S. District Judge Andre Espinosa agreed to drop the charges, he did so with some remarks about the charges involved and for whom.
"After extensive consideration, we have agreed to dismiss Mayor Baraka's misdemeanor charge of trespass for the sake of moving forward," Habba's press release mentioned. "This dismissal against the mayor is not the end of this matter," she later wrote, as she also mentioned congressional oversight, which she said "is not at issue in this case," and brought up allegations and charges against McIver.
Habba concluded her press release with a powerful reminder that those on the left who take issue with charges for McIver, need to constantly hear. "No one is above the law -- politicians or otherwise. It is the job of this office to uphold justice impartially, regardless of who you are. Now we will let the justice system work," the press release mentioned.
🚨 Today my office has charged Congresswoman McIver with violation of Title 18, United States Code, Section 111(a)(1) for assaulting, impeding and interfering with law enforcement. pic.twitter.com/TV00uwRtKq
— US Attorney Habba (@USAttyHabba) May 19, 2025
As The Hill reported on Wednesday, however, Espinosa "chided" the Department of Justice (DOJ) for the dismissal:
U.S. District Judge Andre Espinosa said the arrest suggested a “worrisome misstep” by the New Jersey’s U.S. attorney’s office, noting the “apparent rush” in bringing the case that culminated in the government’s “embarrassing” retraction of the charge.
He dismissed the complaint against Baraka with prejudice, meaning the charge cannot be brought again.
“Your role is not to secure convictions at all costs, nor to satisfy public clamor, nor to advance political agendas,” Espinosa said to the government’s lawyer. “Your allegiance is to the impartial application of the law, to the pursuit of truth and to the upholding of due process for all.”
The dismissal comes after Alina Habba, interim U.S. attorney for the District of New Jersey, said her office planned to drop the single misdemeanor trespassing charge.
The New York Times on Friday afternoon also shared the document of a transcript of remarks from the judge as well as the attorney present. In response, DOJ attorney Stephen Demanovich responded that the department "conducted a thorough review of the case and the circumstances and as the United States represented, in the interests of justice, arrived at decision to dismiss with prejudice at the end. But I do hear your message, and, again it's the endeavor and the goal of the Office at all times to uphold justice and, we believe to reach the right result in each case."
Baraka's attorney, Raymond Brown, thanked the judge for his "commentary."
In some of the thousands of replies of Habba's press release shared over X, users chimed in to express their thoughts on charges being dropped for Baraka.
Glad to hear this—we need to see a lot more of it as we voted for law and order, and the Democrats are out of control.
— Julia 🇺🇸 (@Jules31415) May 20, 2025
Mayor Baraka and the other Congressional Democrats who stormed the ICE facility should’ve had to face justice as well since they were aware of the rules and…
Not cool that you let the Mayor off the hook & then your giving him a personal tour. He was never concerned about the facility. He was there to stir up trouble.
— Patriot Girl 🇺🇸♥️🇺🇸🤍🇺🇸💙 (@Christii3131) May 20, 2025
Hard to take “no one is above the law” seriously when a mayor gets charges wiped clean and a sitting rep interferes with law enforcement without consequence.
— TechSignals (@TechSignalsonX) May 19, 2025
As for what's next, Baraka is running in a crowded field for governor of New Jersey, with the election taking place in November of this year and the primary taking place on June 10. McIver also faces potential expulsion, with Rep. Nancy Mace (R-SC) having filed a resolution on Wednesday.
McIver does not look to be taking the resolution seriously, as has been the case with her reaction to the charges and even just the backlash for her actions.
In the South I think they say, “bless her heart.” https://t.co/Td0CPrnVD1
— Rep. LaMonica McIver (@RepLaMonica) May 21, 2025
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