Democrat mayor SUES Trump darling Alina Habba for ordering his ICE arrest

Daily Mail​

3 days ago

The mayor of Newark, New Jersey has filed a lawsuit against Trump prosecutor Alina Habba following a dramatic arrest last month at an immigration detention facility.
Democrat Ras Baraka, who is running to be New Jersey's next governor, filed the federal lawsuit on Tuesday against Habba, the interim US Attorney for the District of New Jersey.
The suit accuses her of false arrest, malicious prosecution and defaming him in an effort to advance her political career, according to the Wall Street Journal.
The MAGA prosecutor had charged Baraka with trespassing when he arrived at Delaney Hall in the outskirts of Newark, which is now being used as a migrant detention center, on May 9.
But less than two weeks later, Habba - who once served as Trump's personal attorney - announced her office was dropping the charges against Baraka without offering any explanation.
The mayor is seeking an unspecified amount of 'compensatory damages for pain, suffering, stress, humiliation' and other purported consequences of the incident, as well as punitive damages.
However, Baraka argued his lawsuit 'is not about revenge'
'Ultimately, I think this is about them taking accountability for what has happened to me,' he said at a news conference outside the federal courthouse in Newark.
'Somebody should be responsible for what happened,' he continued, according to the New York Times. 'To handcuff me, to drag me away, to take my fingerprints and mugshots for a misdemeanor, it's egregious and malicious.'
'The reality is I didn't do anything. I went down there for a press conference. I was invited to the gate, people approached me and were very loud and abusive to me,' he continued.
The mayor has maintained that he was invited to the property to conduct oversight along with members of New Jersey's congressional delegation - Rob Menendez, LaMonica McIver and Bonnie Watson Coleman.
But when Baraka arrived, he claims Ricky Patel, the supervising agent with Homeland Security Investigations who is also named as a defendant in the case, denied him entry into the facility and asked him to leave the premises.
Patel even threatened to arrest him and allegedly egged his fellow agents to 'take him down, at which point Baraka says Homeland Security agents violently pulled his arms, handcuffed him and took him into custody, Politico reports.
Dramatic footage from the scene then shows the mayor walking from the facility side of the incident showed Baraka walking from the facility side of the fence to the street side, where residents were protesting the ICE facility.
Soon, uniformed officials could be seen coming to arrest him.
As they did, people could be heard urging the group to protect the mayor. The video shows a crowd forming and pushing as officials led off a handcuffed Baraka.
The mayor's lawsuit now claims Habba authorized his 'false arrest' in violation of the Fourth Amendment despite 'clear evidence that Mayor Baraka had not committed the petty offense of' defiant trespass.
It argues she instead was acting as a 'political operative' in bringing the trespassing charge against him.
The federal suit also contends that race played a role in the episode, alleging that Habba and Patel sought 'to assure that the evening news included videos of the black mayor of Newark, New Jersey being led away in handcuffs by federal officials.'
Additionally, it accuses Habba of making defamatory statements in media interviews and on social media, wrongfully accusing Baraka of grandstanding and saying he willingly chose to disobey the law.
Much of the lawsuit leans on remarks US Magistrate Judge Andre Espinosa made as he hit out at Habba and her office when he threw away the charges.
'The hasty arrest of Newark Mayor Ras Baraka, followed swiftly by the dismissal of these trespassing charges a mere 13 days later, suggests a worrisome misstep by your Office,' the judge wrote in his ruling.
The fact that the trespassing charge was withdrawn, Baraka said, meant he had to defend himself in the media and argue his case when he had done nothing wrong.
'I want somebody to apologize, write a letter, say this was wrong, come out and say, "We shouldn´t have done this,"' the mayor said at his press conference.
Aides to the Newark mayor have further claimed that Patel received several calls just before Baraka was taken into custody, according to the Times.
His lawyer, Nancy Erika Smith, said the lawsuit will now enable her to subpoena the supervising agent's phone records to determine who he may have been speaking to.
The lawsuit also serves as a response to another suit the Justice Department filed against Newark and three other New Jersey cities over their sanctuary policies, Baraka said.
But it comes on the first day of early voting in the Democratic primary for governor to succeed term-limited Democratic Gov. Phil Murphy.
The Newark mayor has portrayed himself in the election as the most aggressive Democrat to fight the Trump administration.
At his press conference on Tuesday, though, Baraka described the arrest and fallout as a distraction from his campaign.
'But I also think that us not responding is consent,' he said.
He is being supported in his lawsuit by Congresswoman McIver, who is facing two assault charges relating to the May 9 protest.
She has denied the charges, and a preliminary hearing is scheduled later this month.
'The way Mayor Baraka was treated at Delaney Hall was outrageous,' she told NorthJersey.com. 'It is beyond clear that there were never any legal or factual basis to arrest or charge him.
'The [Trump] administration's playing politics with our justice system is disgraceful,' McIver added.
Habba shared her thoughts on the matter in a post on X Monday night
In fact Smith said she expects to sue Trump's administration, but is required to wait six months.
'It's really important for all of us to stand up for democracy,' the lawyer said.
'Mayor Baraka files this lawsuit not just to vindicate himself, but for all of us, for our freedom, for all our constitutional rights.'
Neither Habba nor Patel have responded to the lawsuit, and DailyMail.com has reached out to the US Attorney's Office for the District of New Jersey.
But in a post on X Monday night, Habba wrote: 'My advice to the mayor - feel free to join me in prioritizing violent crime and public safety. Far better use of time for the great citizens of New Jersey.'
Meanwhile, Department of Homeland Security Assistant Secretary Tricia McLaughlin told DailyMail.com: 'Mayor Baraka is trying to rewrite history with this frivolous lawsuit.
'It's too late: The American people saw with their own eyes his actions that put the safety of our law enforcement agents and the staff at Delaney Hall at risk — all for the sake of the dangerous criminals housed there.'