A well-known foster youth advocate appeared virtually in a Washington, D.C. criminal court today, after being arrested for allegedly violently shaking the hand of Republican Rep. Nancy Mace.
James McIntyre, 34, has pleaded not guilty to a misdemeanor charge of simple assault. A trial date has not been set, but the parties appearing in court today scheduled another hearing for early April.
Since the widely publicized case reached the courts, dozens of state lawmakers, former Trump administration child welfare officials and leading national advocates have written to the judge in support of McIntyre’s character and nonviolent nature, as well as his background as a former foster youth.
“James’ kindness is one of the first things people recognize about him. Given the fundamental lack of kindness shown to him in his young life, it’s remarkable,” reads a letter signed by dozens of Illinois state representatives and senators and their top staff, who described Mcintyre’s years of advocacy in the statehouse. “We are proud to be associated with James and very much wanted you to know what lies beneath the surface of the young man before you.”
But Mace, of South Carolina, saw menace in McIntyre during their short encounter in a congressional office building in Washington, D.C. last month. The interaction took place following her speech at an event celebrating a federal law that supports foster youth who are aging out of the system. Afterward, Mace accused McIntyre of clasping her hand for an aggressive handshake and not letting her pull away for three to five seconds as he urged her to protect foster youth who are transgender.
“I was physically accosted at the Capitol tonight by a pro-tr*ns man,” Mace posted shortly thereafter on social media. “The Capitol police arrested the guy. Your tr*ns violence and threats on my life will only make me double down.”
What exactly happened in those few seconds between the advocate and the lawmaker is the question now before the courts. The Imprint, The Washington Post, and other outlets have spoken to eyewitnesses who disputed Mace’s account, describing the handshake as normal and nonviolent.
McIntyre was arraigned after spending the night in a D.C. jail, and was released pending his trial after pleading not guilty. McIntyre was also prohibited from coming within 100 yards of Mace, or communicating with her, or from entering Washington, D.C. for anything other than his trial. The misdemeanor charge carries penalties that can range from a fine under $100 up to $1,000 and 180 days in jail or more if a victim has serious injuries.
During today’s hearing, prosecutors suggested more time to collect and prepare evidence that will be shared with the defense team, and Superior Court Judge Robert Rigsby set the next court date for April 3. Rigsby also reduced McIntyre’s reporting requirement to once a month after learning he has been in compliance with his release conditions.
The judge asked prosecutors whether they had offered a plea deal to McIntyre, who lives and works in the Chicago area. They said no offer had been made to date.
The batch of letters submitted to Judge Rigsby by McIntyre’s attorneys stand in stark contrast to Mace’s accusations, which were corroborated by two unnamed witnesses who spoke to police, according to court records and a Metropolitan Police Department report. Forty-five elected officials and staff from the Illinois statehouse are among those who’ve signed letters supporting McIntyre. They include Democratic Assembly Speaker Emanuel Chris Welch and four current and former state and federal child welfare commissioners appointed by two Democratic governors and the Republican president.
While none of the letter writers describe the interaction that led to his arrest, several praise McIntyre’s long track record as a professional advocate for policies aiming to improve the lives of young people in the government’s custody.
“James grew up in the foster care system, aged out of the system and has devoted his adult life to caring for others who have gone through traumatic experiences similar to his own,” wrote Lynn Johnson, a nonprofit leader who was the Senate-confirmed assistant secretary for the Administration for Children and Families during President Donald Trump’s first term. “James does not play any political games as his mission to care for vulnerable individuals is his true north.”
Her colleague from the first Trump administration, former Children’s Bureau associate commissioner Jerry Milner, added his own vigorous defense of McIntyre’s peaceful nature in his letter filed with the court Jan. 17.
“I know Mr. McIntyre to be incapable of exerting physical violence to make his points. His intellectual ability precludes any need to do such a thing,” wrote Milner, who runs the Family Justice Initiative and is an outspoken former leader for Alabama’s child welfare system.
In her letter, the current director of Illinois’ child welfare system, Heidi Mueller of the Department of Children and Family Services, acknowledged the poor treatment McIntyre had overcome in the system she now runs. McIntyre has long described a childhood rife with physical and sexual abuse and being so hungry at times that he “would eat the lead paint chips off the window ledge.’’
“Unfortunately, the system he encountered was ill-equipped to provide him the care and support he needed and ultimately failed to help him find a permanent, forever home,” Mueller wrote on Illinois Department of Children and Family Services letterhead. “Despite having to struggle largely on his own, James grew into a successful adult. Even more remarkable, instead of becoming bitter, James turned his struggles into a passion to help other youth just like him.”
Rep. Mace has garnered national attention in recent months for her campaign to bar transgender lawmakers from restrooms that match the gender they identify with. She has also described herself as being “the most vocal woman on women’s rights and women’s issues in the Republican party,” noting her past experiences with domestic violence and highlighting her support for in-vitro fertilization and access to abortion drugs.
After her brief encounter with McIntyre, an affidavit filed in court states that officers later located the congressmember at the nearby Capitol Hill Club, a Republican social club. Mace turned down medical treatment at the time, but the next day she appeared at the Capitol with her right arm in a sling, and issued a profane response to a reporter’s question about eyewitnesses disputing her account.
U.S. Capitol Police and the U.S. Attorney’s Office for the District of Columbia, which is prosecuting McIntyre’s case, have declined to confirm whether there is video footage of the encounter. But Mace has repeatedly described it on social media in a way that sharply contrasts with the positive portrayals by McIntyre’s supporters and eyewitnesses interviewed by The Imprint, and has said President Donald Trump offered his support.
“One new brace for my wrist and some ice for my arm and it’ll heal just fine,” Mace wrote on Dec. 10.
