Bodycam Footage Sheds Light on Newark Mayor Arrest, Raises Legal Questions for Congresswoman McIver
The contentious arrest of Newark Mayor Ras Baraka was highlighted by newly disclosed body-worn camera evidence showing that federal agents acted under the apparent direction of the U.S. Deputy Attorney General. On September 29, the U.S. District Court for New Jersey released the film, which is key to Congresswoman LaMonica McIver’s federal assault defense. McIver, of New Jersey’s 10th Congressional District, was indicted on three charges of assault, resisting, and obstructing federal officials during an oversight visit at Delaney Hall ICE facility in Newark on May 9.
The footage shows Homeland Security Investigations Special Agent in Charge Ricky J. Patel ending a phone call and telling colleagues they are arresting “as per the Deputy Attorney General of the United States,” likely Todd Blanche. Later, agents tried to handcuff Mayor Baraka, sparking a fight. McIver is accused of hitting and seizing an agent’s jacket. McIver’s lawyers argue that the prosecution criminalizes congressional duties and that her activities were part of a constitutional legislative oversight trip.
The Speech or Debate Clause of the U.S. Constitution shields Congressmen from punishment or litigation for legislative acts. McIver’s attorneys say that charging her violates the separation of powers by making elected officials criminally liable for their official duties. They also accuse the Department of Homeland Security of politically driven social media posts that attempted to convict McIver before trial.
The case raises questions about selective and vengeful prosecution. McIver’s team compares him to 160 January 6 defendants who were pardoned or acquitted under comparable statutes. Prosecutors argue that McIver’s actions were “inherently criminal” and outside her monitoring obligations. The case might set the bounds of criminal legislation protections as U.S. District Judge Jamel K. Semper has yet to decide on the motions.
Veteran federal prosecutors and defense attorneys Paul J. Fishman and Lee M. Cortes Jr. represent McIver. Fishman, nominated by then-President Barack Obama, was New Jersey’s U.S. Attorney from 2009 to 2017. Cortes previously commanded the office’s Health Care Fraud Unit and Special Prosecutions Division. Assistant US Attorney Mark J. McCarren represents the government. The conflict between congressional oversight and federal law enforcement has sparked public interest in the dispute.
The bodycam film has increased attention of the case, raising questions about whether legislators can oversee without criminal culpability. Watching how the courts balance constitutional protections with enforcement obligations could create a precedent for future encounters between elected leaders and government agencies.
Sources
U.S. District Court for New Jersey
NJ Advance Media
Arnold & Porter Legal Filings
