Newark Mayor Ras Baraka appeared in federal court on Thursday for the first hearing after his arrest outside of Delaney Hall on Friday, accused by the federal government of trespassing. The hearing, called a status conference, before Magistrate Judge Andre Espinosa set the timeline and other details for the proceeding ahead.
Baraka’s attorneys — three stood with him in court — indicated that they intend to file a motion to dismiss the case on the grounds of jurisdiction, saying the officers who arrested and detained Baraka had no jurisdiction to do so. They also said that evidence will show the mayor was not trespassing, as the federal government has alleged.
They cited video evidence that will show the mayor was invited inside the gates of Delaney Hall and that he was arrested after he exited the gates. And they said they believe Baraka was targeted, as demonstrated by comments made by federal officials both before and after the arrest.
In response, Espinosa asked: “Was he the only one arrested that day?”
Baraka’s attorneys answered: “Yes.”
After the hearing, Baraka was thronged by supporters chanting, shouting and cheering him on. He gave a fiery speech addressing his defense of those inside of Delaney Hall and calling out the press, the federal government, and those who charged him in this case to defend the Constitution.
“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,” he said. “The Constitution protects everybody once you step on this soil. Once you reside in this country, whether you’re documented or not, the Constitution protects you.
“This is wrong, it is unjust, it is undemocratic, it is unpatriotic, it is un-American,” he continued. “We cannot arrest people simply because they disagree with us. We can’t target people because their political views are separate from ours. That, ladies and gentlemen, is authoritarianism.”
His attorneys say that he will be exonerated in this courthouse. “He is innocent, and he will be exonerated. Precisely how and when we cannot determine, but he will be,” said Raymond Brown, partner at Paschman, Stein, Walder & Hayden.
Both sides agreed that all evidence will be shared by May 22, and all motions, including the defense motion to dismiss the case, will be filed by June 12. If the case goes to trial, it is expected to begin in early to mid-July.
