Latest news with #maliciousprosecution
Free Malaysia Today
7 days ago
- Politics
- Free Malaysia Today
Court reserves judgment in Tommy Thomas's appeal to recuse judge
Former attorney-general Tommy Thomas's lawyer argued that High Court judge Roz Mawar Rozain was biased and had shown prejudgment when she dismissed his client's application to strike out the suit. PUTRAJAYA : The Court of Appeal has reserved judgment in former attorney-general Tommy Thomas's appeal to disqualify a High Court judge from hearing a malicious prosecution lawsuit filed by former minister Shahrir Samad. The three-member bench, led by Justice Supang Lian and comprising Justices Faizah Jamaludin and Ahmad Fairuz Zainol Abidin, said it would consider both written and oral submissions. A case management has been scheduled for June 12 to fix a date for the decision. Thomas's lawyer Alan Adrian Gomez argued that High Court judge Roz Mawar Rozain was biased and had shown prejudgment when she dismissed his client's application to strike out the suit. He claimed the judge relied on Thomas's memoir, My Story: Justice in the Wilderness, to suggest that Thomas had pressured the Malaysian Anti-Corruption Commission (MACC) to investigate Shahrir. 'Thomas will not be accorded a fair trial as there is a breach of natural justice,' he added. 'Thomas only asked MACC investigators to complete the probe expeditiously,' Gomez said, adding that while Thomas approved Shahrir's prosecution, it was his successor, Idrus Harun, who decided to proceed with the trial. Gomez also took issue with the judge's remark in her judgment that Thomas, before becoming attorney-general in June 2018, had helped topple the Barisan Nasional government. 'BN was voted out in the 14th general election,' he said. In response, Shahrir's lawyer Firoz Hussein Ahmad Jamaluddin argued that the recusal bid was baseless and made only after the strike-out application failed. He said a judge cannot be disqualified simply for making adverse rulings and noted that judges routinely dismiss strike-out applications but still go on to hear the full case if the plaintiff had an arguable case. He said the judge, in this case, wanted the trial to proceed as there was a prima facie case for malicious prosecution. 'The trial should proceed so that the truth can be tested through cross-examination,' Firoz said. He also highlighted that an MACC officer testified in Shahrir's money laundering trial that the investigation was incomplete when charges were filed. On Jan 5, 2023, High Court judge Jamil Hussin acquitted Shahrir of failing to declare RM1 million received from former prime minister Najib Razak to the tax authorities after the prosecution decided not to continue the case. Thomas filed the recusal application on Aug 26, 2023, alleging that Roz Mawar made baseless findings inconsistent with the lawsuit and evidence. Shahrir opposed the application, arguing that dissatisfaction with a ruling was not grounds for recusal. On July 3 last year, the judge dismissed Thomas's attempt to strike out the lawsuit. Shahrir, a former Johor Bahru MP, filed the suit in December 2022, naming Thomas, former MACC chief Latheefa Koya, MACC and the government as defendants. The suit centres on a RM1 million cheque from Najib, said to be intended for housing project restoration in Larkin, Johor. Thomas, who was attorney-general from June 2018 to February 2020, denies any abuse of power and says prosecution decisions were made only after reviewing investigation papers from relevant agencies. He resigned in February 2020, while Shahrir's trial began in July 2022.
Daily Mail
03-06-2025
- Business
- Daily Mail
Democrat mayor SUES Trump darling Alina Habba for ordering his ICE arrest
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 '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 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 '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.'
Fox News
03-06-2025
- General
- Fox News
Fox News Politics Newsletter: Baraka Sues Trump-appointed Prosecutor
Welcome to the Fox News Politics newsletter, with the latest updates on the Trump administration, Capitol Hill and more Fox News politics content. Here's what's happening… Newark Mayor and Democratic gubernatorial hopeful Ras Baraka filed a lawsuit Tuesday against interim U.S. Attorney for New Jersey Alina Habba, accusing her of false arrest and malicious prosecution in connection with his May 9 arrest and charges outside a federal immigration center. The lawsuit, filed in the U.S. District Court in New Jersey, accuses Habba of acting politically in Baraka's May 9 arrest outside the Delaney Hall detention center, near Newark Liberty International Airport. Baraka was arrested during a protest outside the facility, after being accused of trespassing and ignoring warnings from law enforcement officials to leave. He was held in custody for several hours before being released. The U.S. attorney's office said 13 days after it brought charges against Baraka that it was dismissing the case "for the sake of moving forward." The civil lawsuit filed by Baraka's attorneys seeks damages for what they described as his "false arrest and malicious prosecution," as well as the allegedly defamatory remarks Habba made about his case, including on social media. The lawsuit includes screenshots of Habba's social media posts in question…READ MORE SIGNATURE ISSUE: Trump DOJ investigating Biden pardons to family, death row inmates 'REALLY SAD': Boulder terror attack witness describes 'horrific' scene at pro-Israel rally LOOKING BACK: Lawmakers, officials warned about terrorist attacks from foreign nationals long before Colorado TERROR UNLEASHED: Mohamed Soliman planned Molotov cocktail attack after gun purchase denial GROWING THREAT: Boulder terror attack suspect showed signs of growing 'lone-wolf' radicalization, says former FBI supervisor SERVE AND PROTECT: Boulder antisemitic terror attack spurs response from major cities WARTIME READY: Challenges posed by Trump and Putin push UK to adopt new NATO first defense policy HOMELAND ON EDGE: After Ukraine's surprise drone assault on Russia, new attention drawn to sensitive sites stateside CRIMEA CHAOS: Ukraine targets bridge linking Russia to Crimea with massive underwater blast, video shows DIVINE PRESENCE: Huckabee condemns efforts to erase Jewish history to the Holy Land as 'absurd' 'BETRAYAL': US citizen who fought for ISIS in Syria sentenced to 10 years in prison ATOMIC IMPASSE: Ukraine targets bridge linking Russia to Crimea with massive underwater blast, video shows A NATION ON EDGE: After Ukraine's surprise drone assault on Russia, new attention drawn to sensitive sites stateside 'AGGRESSIVE AFFRONT': House Dems urge GOP to condemn DHS for handcuffing Rep Nadler staffer, order Noem to testify 'PART OF THE DESIGN': Jasmine Crockett agrees during town hall that 'Republicans want poor people to die' FISCAL SHOWDOWN: Rand Paul says $5 trillion debt increase in 'Big, Beautiful Bill' a deal-breaker 'HELPING OUT DHS': Patel's immigration push at FBI yields 10,000 arrests since January PAPER TRAIL: Liberal city mayor hit with ethics complaint over alleged lavish gifts TAXPAYER WASTE: HHS ends Biden-era COVID-19 testing program that bled taxpayers years after pandemic HOPE UNDER FIRE: DeSantis punches back at Hope Florida controversy, likens 'lawfare' to attacks on Trump and nominees PROTECTING CHILDREN: FBI urges public to provide tips on mutilation of children with 'gender-affirming' surgeries CAMPUS DECEPTION: Red state dean ousted after admitting on hidden cam she was secretly pushing DEI Get the latest updates on the Trump administration and Congress, exclusive interviews and more on
Fox News
03-06-2025
- General
- Fox News
White House hits back at Dem mayor suing US attorney after ICE arrest: ‘Desperate attempt'
The White House is pushing back against Newark Democratic Mayor Ras Baraka, who has hit interim U.S. Attorney for New Jersey Alina Habba with a lawsuit this week after he was arrested and briefly charged with criminal trespassing last month outside an ICE facility. Baraka, who is one of the leading Democratic candidates for New Jersey governor, filed a lawsuit on Tuesday against Habba, accusing her of "false arrest and malicious prosecution" in connection with his May 9 arrest and charges outside a federal immigration center. He was one of several public officials, including Reps. Robert Menendez, LaMonica McIver and Bonnie Watson Coleman, from the New Jersey congressional delegation, all of whom had massed outside the facility in protest. The U.S. attorney's office said 13 days after it brought charges against Baraka that it was dismissing the case against him "for the sake of moving forward." The lawsuit, filed in the U.S. District Court in New Jersey, accuses Habba of acting politically in Baraka's May 9 arrest outside the Delaney Hall detention center, near Newark Liberty International Airport. Baraka was arrested during a protest outside the facility after being accused of trespassing and ignoring warnings from law enforcement officials to leave. He was held in custody for several hours before being released. The civil lawsuit filed by Baraka's attorneys seeks damages for what they described as his "false arrest and malicious prosecution," as well as the allegedly defamatory remarks Habba made about his case, including on social media. In the lawsuit, Baraka's lawyers accused Habba of acting as "a political operative, outside of any function intimately related to the judicial process, and in her individual personal capacity." Abigail Jackson, a White House spokeswoman, responded to Baraka's move by calling it a "meritless lawsuit" and a "desperate attempt" to stay relevant. "Much like Mr. Bakara's last stunt – storming a federal detention facility in defense of criminal illegal aliens – this meritless lawsuit is just his latest desperate attempt to try and stay relevant among the far-left Democrat base," said Jackson. Habba, meanwhile, dismissed Baraka's lawsuit and mocked it as "shocking." "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," Habba said in an X post on Monday night. Baraka's team did not immediately respond to Fox News Digital's request for comment.
Wall Street Journal
03-06-2025
- General
- Wall Street Journal
Newark Mayor Sues U.S. Attorney Alina Habba, Accusing Her of False Arrest
The mayor of Newark on Tuesday sued New Jersey's top federal prosecutor Alina Habba over his arrest last month outside an immigration detention facility in his city, accusing her of false arrest, malicious prosecution and defaming him to advance her political agenda. Habba's office last month charged Mayor Ras Baraka, a Democrat who is running for governor, with trespassing at an immigration detention center in New Jersey. Her office subsequently dropped the case. Baraka on Tuesday said he was seeking unspecified damages and attorneys fees.
