Techdirt: Federal Judge Benchslaps DOJ For Arrest Of Newark Mayor During Visit To ICE Detention Facility
... “The hasty arrest of Newark Mayor Ras Baraka, followed swiftly by the dismissal of these trespassing charges a mere 13 days later, suggests a worrying misstep by your office,” [federal judge Andre] Espinosa said. “An arrest, particularly of a public figure, is not a preliminary investigative tool. It is a severe action, carrying significant reputational and personal consequences, and it should only be undertaken after a thorough, dispassionate evaluation of credible evidence.”
That’s not all Judge Espinosa said...
First, the judge pointed out federal prosecutors (represented by Assistant US Attorney Stephen Demanovich) never bothered to notify the court that it would be dropping the charges against the Newark mayor.
The judge noted his displeasure at having to hear this first from local reporting on the case.
He also pointed out that DOJ prosecutors don’t serve Trump or his agenda.
Their obligation is to the public, but nothing about this case indicates they’re interested in serving the people...
Espinosa delivered remarks for several minutes before the end of the hearing, reminding the prosecutors of their responsibility to justice and saying, “Your office must operate with a higher standard than that.”
“Federal prosecutors serve a single paramount client: justice itself,” Espinosa said.
“Your role is not to secure convictions at all costs, nor to satisfy public clamor, nor to advance political agendas. Your allegiance is to the impartial application of the law, to the pursuit of truth, and to the upholding of due process for all.”
If the man heading the administration is demanding injustice, it’s up to federal employees to reject those demands, rather than attempt to carry them out.
Following orders” has never been an acceptable excuse.
While the administration is free to determine priorities for federal agencies, when those priorities express themselves as purely vindictive actions that serve no higher purpose, prosecutors should be pushing back (or resigning en masse) rather than become part of the problem.
Newark Mayor Ras Baraka got the last word on his case ...even if inadvertently:
... Baraka, on a hot mic after the hearing’s conclusion, reacted: “Jesus, he tore these people a new asshole. Good grief.”
Good. That’s the way it should be. More federal prosecutors should be hesitant to bring bullshit cases to federal courts, even if that’s what the Trump Administration would prefer they do. Prosecutorial discretion is a power that needs to be deployed wisely, not simply ignored in order to curry favor with a megalomaniacal autocrat who somehow has been granted permission to run this country into the ground."
Thank you, Judge Espinosa! Long may you run! 
