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Magistrate Judge Issues Warning to US Attorney Alina Habba and ICE After Arrest of Newark Mayor

Alina Habba

A magistrate judge warned US Attorney Alina Habba and ICE against ‘out-of-court’ statements about the case against Newark Mayor Ras Baraka during a hearing on Friday.

Public statements made by Alina Habba and ICE spokesperson Tricia McLaughlin following Ras Baraka’s arrest are at issue.

The Mayor of Newark was arrested for criminal trespass on Friday after storming the Delaney Hall ICE detention facility.

Newark Mayor Ras Baraka arrested for criminal trespass at ICE detention facility / screen image

According to News12NJ, Baraka was shouting at agents after he gained entry through the gate.

WATCH (video courtesy of News12NJ):

On Friday, Alina Habba said Mayor Baraka was taken into custody after he ignored multiple warnings from DHS agents.

“The Mayor of Newark, Ras Baraka, committed trespass and ignored multiple warnings from Homeland Security Investigations to remove himself from the ICE detention center in Newark, New Jersey this afternoon. He has willingly chosen to disregard the law. That will not stand in this state. He has been taken into custody. NO ONE IS ABOVE THE LAW,” Alina Habba said.

During a virtual hearing on Friday, US Magistrate André M. Espinosa warned Alina Habba against making public statements about an ongoing investigation after Ras Baraka’s attorney argued his client who is also running for New Jersey governor.

Politico reported:

Before Newark Mayor Ras Baraka was released from custody on Friday, a federal magistrate quickly determined he was not a flight risk and cautioned federal officials against making out-of-court statements about the mayor, who is also running for New Jersey governor, according to a newly-released transcript of the extraordinary virtual hearing … During the 18-minute videoconference, Baraka’s attorney Raymond Brown asked [U.S. Magistrate André M.] Espinosa to warn Trump administration officials against making derogatory public statements about his client … Earlier in the day, interim U.S. Attorney for New Jersey Alina Habba had posted on social media that Baraka had “willingly chosen to disregard the law” before he was arrested at the immigration detention center he was protesting and seeking to inspect along with three members of New Jersey’s congressional delegation. Espinosa said to the extent anyone had made such comments, he would “caution them to heed carefully to the rules of professional conduct” and “boundaries of propriety for public comment related to an ongoing investigation and/or prosecution.”

On Monday, Alina Habba announced her office has launched a federal investigation into the violent altercation between Congressional Democrats and ICE agents at the Delaney Hall detention center in Newark on Friday.

“My office is undertaking a thorough investigation in coordination with our Federal Agency partners of what transpired on Friday at Delaney Hall. As is true of every investigation this office handles, all available evidence will be thoroughly reviewed prior to making a determination on how to proceed. I do not take these matters lightly,” Alina Habba said on Monday.

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