The mayor of Newark, New Jersey, is suing the state’s top federal prosecutor for defamation and “false arrest” after he was charged with trespassing outside an immigration detention center.
That case was dismissed days later, prompting a federal judge to call the whole ordeal an “embarrassing retraction” for interim U.S. Attorney Alina Habba.
Habba, who is also Donald Trump’s personal defense attorney, is accused of “malicious prosecution” violating Mayor Ras Baraka’s Fourth Amendment rights, according to a lawsuit filed Tuesday in New Jersey.
The Democratic mayor — who is also running for governor — was arrested outside an Immigration and Customs Enforcement detention center on May 9 as he joined members of Congress to demand answers from the Trump administration about the conditions inside.
A heated argument broke out after agents blocked his entry and continued even after Baraka returned to the other side of the gates. Chaotic video from the scene and officers’ bodycam footage shows officers shoving and holding back protesters at the gate while agents swarm around Baraka and block protesters from entering.
Baraka was charged with trespassing, but Habba announced on May 19 that she was dropping the case “for the sake of moving forward.”
Habba simultaneously announced criminal charges against a Democratic member of Congress in a social media statement dismissing Baraka’s case.
The mayor’s federal lawsuit targets Habba and Ricky Patel, the special agent in charge with Newark’s ICE Homeland Security Investigations office.
Baraka claims he was “falsely arrested without probable cause while peacefully complying with law enforcement officers” after he was invited to the property.
Patel, “apparently in consultation” with Habba, “ordered the arrest despite clear evidence” of Baraka’s compliance “and the absence of any criminal conduct,” according to the complaint.
A second Fourth Amendment claim accuses Habba and Patel of leading a “malicious prosecution” for political purposes. As a result, Baraka suffered “severe reputational harm, emotional distress and other damages,” according to his complaint.
Habba is also accused of amplifying “false and defamatory statements” about the mayor on social media and in an interview on Fox News moments after his arrest.
“We will not stand for anyone getting in the way and getting rid of criminals in this country,” Habba said at the time. “It’s very simple. Unfortunately, the mayor has publicly for three days been saying he will break in and eventually did break in and was given multiple opportunities to remove himself and failed to do so and has been detained and will be charged.”
Following his arrest, Habba claimed on social media Baraka 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,” Habba wrote. Similar claims were aired by top Trump administration officials.
“These statements falsely accused Mayor Baraka of criminal conduct and misconduct, despite Habba’s actual knowledge and reckless disregard of facts demonstrating his innocence,” according to the mayor’s lawsuit.
Baraka is seeking punitive and compensatory damages for “pain, suffering, stress, humiliation, mental anguish, emotional harm and personal physical injury and physical sickness, as well as damage to his reputation.”
The Independent has requested comment from Habba’s office.
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