Fair or Lawfare?
The recent arrest of Newark Mayor and current Democratic gubernatorial candidate Ras Baraka offers a unique glimpse into where politics, power, law enforcement, and privilege collide.
By Jon Kurpis
THIS PIECE WAS WRITTEN FOR THE OUTLET JERSEY CONSERVATIVE BEFORE THE CHARGES AGAINST MAYOR BARAKA WERE DROPPED.
Let me begin by making one thing unequivocally clear: this is not an attempt to advance a political agenda. Like every American, Ras Baraka is entitled to the presumption of innocence as it's a cornerstone of our justice system that must be upheld without exception. I also want to state, without reservation, that I abhor the practice of lawfare. It doesn’t matter whether the target is Donald Trump, Eric Adams, Rod Blagojevich, or even someone I personally despise. No American should be subjected to politically motivated legal attacks. Those who weaponize the justice system for partisan gain, regardless of their affiliation, should face serious consequences. It is an affront to the rule of law and a betrayal of the principles upon which this country was founded.
On May 9th, 2025, Mayor Ras Baraka was arrested outside a New Jersey ICE facility for trespassing. According to Mayor Baraka, he was doing nothing wrong. Baraka claims, and video appears to support, that he was arrested on public property after already leaving the facility. He also argues that, as Mayor of the city that houses the facility, he has oversight authority and was invited to enter.
Based on the footage and facts currently available, Baraka appears to have a valid argument. He was there seemingly with some measure of legitimacy, and then arrested after exiting. That certainly raises questions and leads many to wonder if this was really about trespassing or something more akin to lawfare.
Yet, a fair and objective review of the law suggests the government’s case is not without merit.
Trespassing laws typically define the offense as being on private or restricted property without permission, or remaining after being asked to leave. The offense occurs the moment someone refuses or delays compliance with such a request. Additionally, the location and timing of an arrest do not necessarily invalidate the charge. Law enforcement may lawfully delay an arrest to deescalate a situation or ensure safety especially at sensitive federal facilities.
Therefore, if Baraka was explicitly told to leave, failed to comply, and was arrested after exiting for safety reasons, the arrest likely meets legal standards. His defense would hinge on whether he was told to leave and whether he complied promptly. He may also claim legal authority to be on the premises, but that is a narrow defense at best.
While I maintain deep concerns about political lawfare, the evidence thus far does not clearly indicate this was such a case. If Baraka was asked to leave and did not comply, the arrest was likely justified. If he was not instructed to leave or did so in a timely fashion, then he should be acquitted. This is how our justice system works.
Beyond this specific case, there’s a broader and troubling notion that elected officials are entitled to act with privileges not afforded to ordinary citizens. As an elected official myself, I find this attitude both false and dangerous.
We are public servants, not monarchs. And we are subject to the same laws and standards as those we serve, if not more. The legitimacy of our democratic institutions rest on the equal application of the law. If we believe a law is unjust, it is our duty to change it, not to demand exemption from it.
When I watched the video of the May 9th incident, I noticed something else beyond what happened to Mayor Baraka. A member of Congress appeared to put her hands on law enforcement and in another instance demanded to be addressed by her title as if respect is tied to rank. It’s not. In this country, every citizen has the right to speak their mind, ask questions, and demand accountability from elected officials in whatever manner they want. Our founders intended it that way to separate the American experiment from anything resembling hierarchical or aristocratic systems.
Case in point: I’ve got a constituent who can’t stand me or my family. This person has cursed me out in public and even wished death on my father online. But when this individual reaches out with a request, I take the call and try to help. Not because I enjoy the way I’ve been treated, but because I serve the public, and personal feelings can’t interfere with that duty.
Sadly, too many elected officials today have grown far too comfortable thinking the rules don’t apply to them. And it’s not just the big stuff like insider trading or misuse of classified info. It’s the smug sense of entitlement, the indignation when they get pulled over, the outrage when they’re held accountable.
Coming full circle: it’s unfortunate this situation unfolded the way it did. I don’t take pleasure in anyone’s misfortune. But based on what we know, it appears the government had enough legal ground to act. If it were an average citizen instead of Mayor Baraka, the result would likely have been the same, if not worse.
If these laws are as flawed as Baraka and some Democrats now claim, then let this be the moment they step up and take real action to change things for the people. But what responsible citizens can’t allow is the excuse that this is lawfare every time someone powerful gets held accountable. If ending the double standard means elected officials face the same scrutiny and prosecution as the people they represent, then so be it even if it causes initial discomfort.
As my grandmother wisely said: “What’s good for the goose is good for the gander.”
Disclaimer:
This Substack is a personal platform and reflects only my individual thoughts, opinions, and perspectives. Nothing published here should be interpreted as official communication or correspondence in my capacity as a councilman. The views expressed do not represent the positions of the Borough of Saddle River, its governing body, or any other elected official or municipal entity.