Judge scolds DOJ over Newark mayor arrest

'An arrest, particularly of a public figure, is not a preliminary investigative tool'

(Image credit: Lokman Vural Elibol / Anadolu via Getty Images)

published 22 May 2025

What happened

A federal judge in New Jersey Wednesday approved interim U.S. Attorney Alina Habba's request to drop trespassing charges against Newark Mayor Ras Baraka, then spent several minutes criticizing her office's "hasty arrest" and "embarrassing retraction of charges." Baraka was arrested during a May 9 surprise visit to a migrant detention facility with three House Democrats from New Jersey.

Who said what

Baraka's arrest "suggests a worrisome misstep by your office," U.S. Magistrate Judge André Espinosa told Assistant U.S. Attorney Stephen Demanovich. "An arrest, particularly of a public figure, is not a preliminary investigative tool. It is a severe action" that "should only be undertaken after a thorough, dispassionate evaluation of credible evidence" and never "to advance political agendas." The "reprimands did not go unnoticed," the New Jersey Globe said, quoting Baraka commenting into a hot mic: "Jesus, he tore these people a new a--hole."

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It is "highly unusual for the Justice Department to charge a sitting member of Congress with crimes outside of fraud or corruption," The Washington Post said. But the Trump administration has "decimated units responsible for prosecuting white-collar and public corruption cases," The New York Times, and "blurred, and at times obliterated, the line between personal score-settling and running a country."

What next?

Habba did not attend the Baraka hearing but did call into McIver's virtual initial court appearance a few hours earlier, where a different magistrate judge released McIver on her own recognizance. Her next court appearance is June 11. She faces up to eight years in prison for each of the two charges.

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Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.