NEWARK, N.J. (AP) 鈥 Newark Mayor Ras Baraka said federal prosecutors tried to 鈥渉umiliate and degrade鈥 him by making him give his fingerprints and take a mug shot for a second time Thursday after a court appearance on a trespassing charge stemming from his arrest at an immigration detention center he was protesting.
Both Baraka, a Democrat seeking his party’s nomination for governor, and interim U.S. Attorney Alina Habba appeared in court for roughly 15-minute procedural hearing before Magistrate Judge Andre Espinosa.
The hearing covered mostly scheduling for discovery in the case, which stemmed from an encounter Friday outside the Delaney Hall immigration detention center.
Habba didn’t speak during the hearing but sat behind assistant prosecutor Stephen Demanovich, who said the government disputed Baraka’s claims that he committed no crime and was invited onto the facility’s property.
Confusion over whether Baraka had been fingerprinted and processed after his arrest unfolded after the judge brought the proceedings to a close. As the parties began to walk away, the judge added that the mayor would need to be processed by the U.S. Marshals Service and that it would take 10 minutes. Baraka, looking confused, said he had already been processed after his arrest. The judge said 鈥渁gents鈥 had processed him but not the marshals.
鈥淟et’s go,鈥 Baraka said, before indicating he would go with the marshals.
Speaking to a crowd of supporters outside court, Baraka addressed why it took him awhile to emerge from the building.
鈥淭hey鈥檙e trying their best to humiliate and degrade me as much as they possibly can,” he said. “I feel like what we did was completely correct. We did not violate any laws. We stood up for the Constitution of this country, the constitution of the state of New Jersey.鈥
A message seeking a response was sent Thursday to the U.S. attorney’s office.
The charge against Baraka
The carries a maximum sentence of 30 days in prison. Espinosa said court rules permitted him to decide the matter himself as it was 鈥減etty offense,鈥 but Baraka’s attorneys said they wanted to reserve the right to have a jury trial.
One of Baraka’s attorney’s, Rahul Argawal, said the defense expected to seek to dismiss the charges because the mayor was arrested by federal agents on private property, calling it a 鈥渏urisdictional defect.鈥 He added that it was a 鈥渟elective prosecution” and that only the mayor had been arrested.
Demanovich said the government disputed that but didn’t go into detail.
Witnesses had said the arrest last week came after Baraka attempted to join three members of New Jersey鈥檚 congressional delegation, Reps. Robert Menendez, LaMonica McIver, and Bonnie Watson Coleman, in attempting to enter the facility.
Republican House Speaker Mike Johnson on Wednesday decried the 鈥渟pectacle鈥 at the detention facility, calling it a 鈥渘ew low for congressional Democrats.鈥 He said Republicans are discussing possible disciplinary action, including censuring the three Democrats or removing them from House committees.
Messages seeking comment Wednesday were left with the three Democrats.
Baraka has been an outspoken opponent of President Donald Trump鈥檚 and a vocal opponent of the facility鈥檚 opening. But he did not mention the president by name in comments outside court Thursday.
鈥淧eople who went down there protesting have a right to do that. They have a right to do it and I have a right to talk to them,鈥 he said.
The altercation
Baraka had , but left without incident. It was not immediately clear how Baraka鈥檚 appearance at the gates Tuesday differed from Friday when he was arrested.
He has denied being on the detention facility鈥檚 property, which is run by private prison operator Geo Group.
In video of the Friday altercation shared with The Associated Press, a federal official in a jacket with the Homeland Security Investigations logo can be heard telling Baraka he could not enter because 鈥測ou are not a Congress member.鈥
Baraka then left the secure area, rejoining protesters on the public side of the gate. Video showed him speaking through the gate to a man in a suit, who said: 鈥淭hey鈥檙e talking about coming back to arrest you.鈥
鈥淚鈥檓 not on their property. They can鈥檛 come out on the street and arrest me,鈥 Baraka replied.
Minutes later, several Immigration and Customs Enforcement agents, some wearing face coverings, surrounded him and others on the public side. Baraka was dragged back through the gate in handcuffs.
On Thursday he said the officers who arrested him 鈥渢reated me with respect.鈥
He added: 鈥淏ut at the end of the day I shouldn’t have been in there.鈥
Delaney Hall is a two-story building next to a county prison and formerly operated as a halfway house. In February, Immigration and Customs Enforcement awarded a 15-year contract to The Geo Group Inc. to run the detention center.
A trial date wasn’t set Thursday, but both parties agreed mid- to late July could work.
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Associated Press writer Leah Askarinam in Washington contributed to this report.
