Federal prosecutors in Washington, D.C., have dropped all criminal charges against James McIntyre, a Chicago-based foster care advocate and transgender activist, whom South Carolina Republican U.S. Rep. Nancy Mace accused of assaulting her during a Capitol Hill event in December — an accusation widely challenged by eyewitnesses and sharply criticized by LGBTQ+ advocates as a political stunt.
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McIntyre, 33, was arrested by U.S. Capitol Police on December 10 and charged with misdemeanor assault after what witnesses say was nothing more than a firm handshake. As The Advocate reported, McIntyre had told Mace, “Trans youth are also foster youth, and they need your support,” during a public reception at the Rayburn House Office Building celebrating the 25th anniversary of the Foster Care Independence Act.
Related: Nancy Mace gets prominent foster care activist arrested on assault charges that eyewitnesses dispute
On Tuesday, the D.C. U.S. Attorney’s Office quietly filed a one-line notice of dismissal in Superior Court, dropping the case without explanation. Interim U.S. Attorney Ed Martin — a Trump ally who has drawn criticism for threatening to investigate opponents of the former president — declined to comment when approached by reporters.
“I am 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,” McIntyre, who pleaded not guilty, said in a statement.
Related: Watch AOC slam Nancy Mace for 'endangering all women' with transgender bathroom ban
He added, “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. 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.”
Mace, who has repeatedly used her platform to promote anti-trans rhetoric, has refused to admit that her accusation was false. “I was injured, intentionally, and I am still in pain,” Mace said in a new statement issued through a spokesperson this week, Charleston NBC affiliate WCBD reports. “I will not back down. I will not be intimidated. And I sure as hell won’t stay silent.”
Mace has claimed McIntyre “aggressively” shook her hand and caused a lingering wrist injury, though she declined medical treatment at the time and later appeared for weeks wearing a sling on Capitol Hill. According to police reports, she said McIntyre used both hands to shake her arm in an “exaggerated, aggressive motion” lasting several seconds.
Related: Transgender woman terrorized after South Carolina Republican Nancy Mace mocks her online
Eyewitnesses saw it differently. Elliott Hinkle, a foster care advocate and one of several attendees who witnessed the exchange, said in December that the gesture did not resemble an assault. “What we witnessed was a handshake — a passionate shake, but it didn’t look like an assault or intended aggression,” Hinkle said.
McIntyre’s arrest stunned the foster care and LGBTQ+ advocacy communities. He is co-founder of the Illinois chapter of Foster Care Alumni of America and was named “Public Citizen of the Year” in 2019 by the National Association of Social Workers inIllinois for his work supporting youth in and aging out of care.
Mace’s accusations, first made on X (formerly Twitter), came amid her ongoing attacks on anyone trans and her push to prohibit transgender people from using bathrooms aligned with their gender identity in congressional buildings. The House, under Republican control, adopted a rule banning trans people from bathrooms, made by Speaker Mike Johnson in January after the historic swearing-in of U.S. Rep. Sarah McBride, a Democrat from Delaware and the first out transgender member of Congress. After the policy was put in place, Mace and Colorado U.S. Rep. Lauren Boebert chased a cisgender woman they mistook as trans into a House bathroom before apologizing.
Related: Lauren Boebert & Nancy Mace confront woman they thought was trans in ‘predictable’ Capitol bathroom incident
Mace described the incident with McIntyre as a consequence of her “fight to protect women.” She thanked former President Trump at the time for calling her in support, framing herself as the victim of an attack from a “pro-trans man.”
Mace’s office did not respond to The Advocate’s request for comment. However, her press secretary, Gabrielle Lipsky, recently said, “The Advocate receives no comment when they advocate for the erasure of women.”
