According to body camera evidence detailed in a new court filing, a federal officer who detained Newark Mayor Ras Baraka outside an immigration detention facility in May claimed he was carrying out direct orders from Todd Blanche, the second-in-command of the Justice Department.
Rep. LaMonica McIver (D-N.J.) filed the document, which provides fresh insight into the tumultuous events of May 9, when Baraka and a number of Democratic congressmen fought with immigration officials while on an oversight visit. McIver was charged with assaulting federal authorities, while Baraka was held on trespassing charges that were eventually dismissed. She is currently advocating for the dismissal of her lawsuit.
As tensions increased, a Department of Homeland Security special agent was on the phone, according to McIver’s lawyers. After hanging up, the agent informed colleagues, “We are arresting the mayor right now, per the deputy attorney general of the United States,” the lawyers said, citing the unreleased bodycam footage. Please provide me with a perimeter so I can cuff anyone who gets in our way.
The video was submitted as part of McIver’s legal case, but Politico has not seen it. Homeland Security refused to disclose if Blanche gave the order for the arrest, and the Justice Department has not responded.
The allegation that Blanche ordered the arrest highlights the use of federal law enforcement against political opponents by top DOJ officials under President Donald Trump. Jack Smith, James Comey, and former Trump-critical Homeland Security aides have all been the subject of investigations. Additionally, California Senator Alex Padilla has been handcuffed by federal officers, and New York City Comptroller Brad Lander has been arrested.
Conflicting accounts of Baraka s arrest
Democrats have been questioning if agents at the prison facility in Newark were instructed by superiors to arrest Baraka for months. According to witnesses, Baraka was given permission by a guard to enter the gate, stood quietly for almost an hour, and only departed after authorities threatened to arrest him.
As Baraka was already outside the fence that day, Rep. Rob Menendez (D-N.J.) told POLITICO that he witnessed an agent on the phone receiving instructions to arrest him. That story was repeated by McIver during a press conference.
The bodycam film, according to McIver’s lawyers, proves it. During the call, the agent allegedly said, “Even though he stepped out, I am going to put him in cuffs.”Following Baraka’s arrest a few minutes later, the mayor and lawmakers got into a fight.
According to a three-count indictment, McIver assaulted and hit federal officials. She entered a not guilty plea.
Prosecutors dismissed the trespassing allegation against Baraka less than two weeks later. However, the arrest was harshly chastised by U.S. Magistrate Judge Andr M. Espinosa, who described it as a humiliating retraction that implied federal authorities moved hurriedly without carefully considering the repercussions.
Since losing his bid for the Democratic gubernatorial primary, Baraka, a progressive, has filed a lawsuit against the Trump administration for unfair prosecution. Ricky Patel, a Homeland Security Investigations official who seems to be the agent shown in the bodycam footage, and acting U.S. Attorney Alina Habba are named in his case.
McIver invokes Trump s immunity ruling
McIver is now arguing for the dismissal of the charges by pointing to the Supreme Court’s ruling that granted Trump partial immunity. According to her attorneys, her visit to Delaney Hall, the detention center, was a legislative act protected from prosecution by the Speech or Debate Clause of the Constitution.
The provision shields legislators from lawsuits related to their official responsibilities. Attorneys for McIver contend that bringing charges against her would violate those rights and endanger congressional members who are investigating the administration.
The assertion was categorically denied by the Department of Homeland Security.DHS Assistant Secretary Tricia McLaughlin said in a statement that it is a mockery of all three levels of government to suggest that assaulting a federal law enforcement officer physically is acceptable legislative activity.
Attorneys for McIver retorted that if the clause is not applied, lawmakers may become less inclined to hold the executive branch responsible. They contended that her situation is essentially different by referencing earlier court decisions, such as one rendered against former Senator Bob Menendez in 2016.
McIver also accused prosecutors of selective and spiteful prosecution in another motion, pointing out that the Justice Department chose not to pursue other cases from January 6th, even though there was video proof of violence against officers.
