This story was updated Wednesday, April 2 with comments from U.S. Rep Nancy Mace and James McIntyre.
Federal prosecutors have sought dismissal of a disputed assault charge against a well-known foster youth advocate, who U.S. Rep. Nancy Mace accused of violently shaking her hand while asking her to protect transgender youth, court records show.
The United States Attorney for the District of Columbia filed a “notice of nolle prosequi” Tuesday afternoon in the misdemeanor case against James McIntyre, which means the office is declining to move forward with the prosecution in Washington, D.C. Superior Court.
The U.S. Department of Justice did not immediately respond to requests for comment. McIntyre released a statement Wednesday saying he was “pleased but not surprised that these baseless charges have been dropped.”
“This experience has been traumatic, but the outpouring of support from my community, colleagues, and friends has meant everything,” he added.
In an email sent by a spokesperson on Wednesday, Mace stood by her allegations, which she said were being “inexplicably ignored.” She also indicated she did not intend to move on from the incident.
“When a man can physically assault a woman in the halls of Congress, with impunity, it sends an appalling message to every woman in America. If it can happen here, it can happen anywhere,” she said. “I filed charges, and they were inexplicably ignored. But I will not be. I will not back down. I will not be intimidated. And I sure as hell won’t stay silent.”
The development in court just days before the next scheduled hearing comes after weeks of defiant social media posts by Mace. On Dec. 10, the night of the alleged Capitol Hill attack, she wrote on the platform X she was “physically accosted at the Capitol tonight by a pro-tr*ns man,” and added that “your tr*ns violence and threats on my life will only make me double down.”
The former foster youth McIntyre pled not guilty the next day, and the legal proceedings over the seconds-long interaction between the award-winning Illinois-based children’s advocate and the South Carolina lawmaker are now ending altogether.
The Imprint, The Washington Post, and other outlets spoke to eyewitnesses who disputed Mace’s account, describing the handshake as normal and nonviolent. In January, dozens of McIntyre’s allies — including former Trump administration officials, top lawmakers from the Illinois Legislature, and state child welfare officials and advocates — submitted letters to court defending the 33-year-old’s character.
McIntyre had sharp words for the congresswoman, as well as the Trump administration, in his Wednesday statement.
“By falsely accusing me of a violent crime and having me jailed, Congresswoman Mace demonstrated her desire to criminalize anyone who advocates for the needs of our trans youth,” he said. “Her actions are fundamentally connected to the broader effort by the Trump administration to criminalize protected speech and create an environment of fear among advocates. We will never stop working to protect vulnerable young people, no matter who is in power.”
One of the eyewitnesses who disputed Mace’s claims also reacted to news of the case’s dismissal in a phone call Tuesday night.
“What a waste of people’s time and taxpayer money to pursue this non-issue,” said Elliott Hinkle, a consultant and advocate for LGBTQ+ and foster youth rights. “I hope for and look forward to other representatives and senators stepping up and making it clear, unequivocally, that it is safe and okay to share perspectives with them even if our perspectives aren’t in alignment or disagree with their values and beliefs. And that silencing young people because you don’t like what they have to say is just unacceptable.”
McIntyre, Mace and dozens of other youth, advocates and lawmakers attended a Dec. 10 reception on Capitol Hill as part of an anniversary celebration for a reform law that boosted federal support for older foster youth, the Foster Care Independence Act of 1999. Mace, who is co-chair of the Congressional Caucus on Foster Youth, gave brief remarks. As she exited the room, according to police reports and other attendees’ accounts to the media, McIntyre approached her and told her that transgender foster youth also deserve advocacy.
But his handshake at that moment quickly became the subject of Mace’s criminal complaint; McIntyre was arrested and spent that night in a D.C. jail.
According to a law enforcement affidavit filed in court, Mace offered her right hand to the approaching McIntyre, who then placed his hand “on top of the victim’s hand in a clasping manner so that the victim’s hand was between both of the subject’s hands.” She reported that McIntyre “began to aggressively and in an exaggerated manner shake her arm up and down in a hand shaking motion,” with “her arm flailing for about 3-5 seconds.”
Officers later located the congressmember at the nearby Capitol Hill Club, a Republican social club, according to the affidavit. “Congressional staff” corroborated her story, and Mace turned down medical treatment, but the next day she appeared at the Capitol with her right arm in a sling. She also offered a profane response to a reporter’s question about eyewitnesses disputing her description.
In January, Mace revisited the incident in another social media post: “I was just assaulted by a pro tr*ns man a few weeks ago and am still in physical therapy for my injuries,” she wrote. “I know firsthand how the Left is capable of doing real physical harm.”
Mace received national attention late last year 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.”
McIntyre, meanwhile, has received support from his colleagues in the child welfare community nationwide, including a letter submitted in court from one of the field’s highest-ranking officials during the first Trump administration.
“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 and a former assistant secretary for the Administration for Children and Families. “James does not play any political games as his mission to care for vulnerable individuals is his true north.”