Attorneys for Newark Mayor Ras Baraka, who is one of the six Democratic candidates running for governor, say interim U.S. Attorney Alina Habba “directed and ratified the unlawful arrest” of Baraka.
Then, they say, Habba acted as a “political operative,” defaming him in inflammatory statements on social media and in TV interviews.
“Habba was not serving in a prosecutorial function when she acted with DHS agents in the scheme to arrest Mayor Baraka,” according to the lawsuit, filed Tuesday morning in U.S. District Court in Newark.
Espinosa said the “apparent rush” to charge Baraka, followed by an “embarrassing retraction,” suggested a “failure” by the office to meet its historically high standards.
Moments later, Patel and other agents came outside the gate to arrest Baraka, setting off a chaotic scene involving federal agents, the three members of Congress and Baraka.
The Trump administration is being sued by the mayor of New Jersey’s biggest city for “malicious prosecution” after federal prosecutors dropped a criminal charge against him for allegedly trespassing at an immigration detention facility.
Ras Baraka, the mayor of Newark and one of the six Democratic candidates for governor, has lawyers, according to interim U. S. . Baraka’s unlawful arrest was “directed and ratified” by attorney Alina Habba. They then accuse Habba of acting as a “political operative,” disparaging him in TV interviews and divisive remarks on social media.
The lawsuit, filed Tuesday morning in U.S., claims that Habba was not acting in the capacity of a prosecutor when she conspired with DHS agents to arrest Mayor Baraka. A. Newark District Court. In addition to punitive damages, the lawsuit seeks an undisclosed sum of “compensatory damages for pain, suffering, stress, humiliation,” and other alleged repercussions of the incident.
Last month, Baraka was arrested for allegedly trespassing at Delaney Hall, a private prison company-owned immigrant detention center that was just opened under the Trump administration. For the “sake of moving forward,” according to Habba, the charge was later dropped. “”.
Additionally, Habba has accused Rep. Democrat LaMonica McIver of New Jersey, who was there to perform oversight that day, was charged with federal felonies for allegedly assaulting two federal agents.
Baraka’s lawsuit mainly relies on U’s remarks. A. Judge André Espinosa, a magistrate, chastised Habba’s office and federal prosecutors for a “worrisome misstep” in how they handled Baraka’s arrest. According to Espinosa, the office’s “apparent rush” to charge Baraka and subsequent “embarrassing retraction” indicated a “failure” to live up to its historically high standards.
According to Baraka, a security guard employed by GEO Group, the private prison management company, asked him to enter a gated area at Delaney Hall in an attempt to “calm the crowd” that had gathered outside the gate. They were present to voice their disapproval of the establishment and await the findings of an examination conducted by McIver and representatives from New Jersey’s congressional delegation. Menendez, Rob, and Bonnie Watson Coleman.
Later, a Department of Homeland Security officer—whom Baraka claims in his lawsuit is Ricky Patel, a special agent in charge of Homeland Security Investigations’ Newark Division—asked Baraka to leave the gated area, which he eventually did.
Federal agents, the three members of Congress, and Baraka were involved in a chaotic scene after Patel and other agents arrived outside the gate to arrest Baraka. The agents did not “attempt to calm fears or ensure peace,” according to the mayor. “.”.
According to the lawsuit, the mayor claims that the trespassing charge against him was baseless because the private-prison contractor GEO Group, not the federal government, owns the Delaney Hall facility.
Patel is named as a defendant in the lawsuit alongside Habba. Baraka claims that after encouraging agents to “take him down,” the agents “pushed, shoved, and assaulted” the mayor’s security team and members of Congress before arresting the mayor “without probable cause.”. “”.
Baraka claims that Habba and Patel “conspired” to spread a “false and defamatory” story about what transpired following the arrest, including claims that Baraka broke in and stormed the facility.
Additionally, the lawsuit argues that race was a factor in the episode, claiming that Habba and Patel attempted “to ensure that the evening news included videos of the Black Mayor of Newark, New Jersey being led away in handcuffs by federal officials.”. “”.
At a press conference on Tuesday, Baraka stated, “It’s easy for people to believe that a mayor being arrested, especially a mayor that looks like me, has been arrested for something other than what just happened.”. People believe I did something wrong the moment they see me in handcuffs. “”.
Nancy Erika Smith, his lawyer, described the arrest as a “targeted spectacle” and stated that the mayor intends to bring additional legal action against the Trump administration.
Habba threatened to charge Baraka with additional offenses, such as resisting arrest, according to Baraka’s lawsuit, if he did not forfeit his right to sue for legal fees.
Before Baraka filed the lawsuit, Habba chastised him.
On Monday night, she posted on X, “My advice to the mayor — feel free to join me in prioritizing violent crime and public safety.”. Time would be much better spent by the wonderful people of New Jersey. “”.
Requests for comment on particular claims in the lawsuit were not immediately answered by the Department of Homeland Security or Habba’s office. A request for comment from GEO Group was also not immediately answered.
Federal officials have refuted Baraka’s earlier claims that the detention center reopened without the required inspections and permits. GEO Group seems to be “getting ready to” apply for a certificate of occupancy, according to Baraka on Tuesday. This is one of the problems that caused Baraka to first file a lawsuit against the facility’s reopening. According to him, the city would “have no choice” but to dismiss that lawsuit if it did.
The Tuesday suit is held on the first day of early voting and one week prior to the gubernatorial primary. Baraka has made an effort to present himself as the most valiant Democrat opposing the Trump administration. Baraka admitted that a resolution would not be reached prior to election day.
“I believe the purpose of all this stuff is to divert attention,” he stated. Additionally, I believe that our silence constitutes consent. “”.
