The Complaint states that Habba “blatantly and publicly professed her plan to use the power of the office of the United States Attorney to help Republicans,” quoting her as saying: “We could turn New Jersey red… Hopefully, while I’m [interim US Attorney].” It includes a post by Habba on her personal account on the social media site owned by Elon Musk, X, at 3:05PM, before Mayor Baraka was charged, processed, or transported from the GEO property, in which Habba “falsely accused Mayor Baraka with a crime, stating NO ONE IS ABOVE THE LAW”.

“Alina Habba and I agree on one thing, no one is above the law,” said Nancy Erika Smith, of Smith Mullin, the attorney representing Mayor Baraka. “This administration is clearly targeting Democratic elected officials with abuse and phony charges in an effort to instill fear. The handcuffing of an aide to Congressman Nadler in his private office is just one more example of alarming authoritarianism. I am proud to represent Mayor Baraka, who is standing up to Trump and the government agents, like Habba and Patel, who are abusing their power.”

When the charges against Mayor Baraka were dismissed, U.S. Magistrate Judge André Espinosa acknowledged the severity of the arrest: “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… The hasty arrest of Newark Mayor Ras Baraka, followed swiftly by the dismissal of these trespassing charges a mere 13 days later, suggests a worrisome misstep by your Office.”

The Complaint notes that there are numerous videos and photographs of events on May 9, 2025, and states that that evidence supports Mayor Baraka’s claims that he was invited inside the gate at Delaney Hall, which is owned by the private prison company, GEO Group, by a GEO employee. It goes on to state that when DHS agent Ricky Patel told him to leave the property, he did, yet: “Five minutes after Mayor Baraka left the GEO Group property, approximately 20 DHS agents, many armed and masked, descended on the Mayor and members of Congress without any attempt to calm fears or ensure peace.” The Complaint further claims that Patel ordered DHS agents to “take him down,” meaning violently throw the Mayor of Newark to the ground, while “the agents pushed, shoved and assaulted the Mayor’s security team and members of Congress before violently pulling Mayor Baraka’s arms and arresting him without probable cause. The DHS agents handcuffed the Mayor behind his back in order to effect maximum humiliation.”

Full complaint can be found here.