Federal prosecutors have dismissed charges against foster youth advocate James McIntyre, who was accused last December of assaulting U.S. Rep. Nancy Mace (R-S.C.) during a Capitol Hill event. The move to drop the case comes after months of controversy surrounding the incident, which many in the LGBTQ+ and child welfare communities viewed as a politically charged attempt to criminalize peaceful advocacy—particularly advocacy on behalf of transgender foster youth
On Tuesday, the U.S. Attorney for the District of Columbia filed a formal nolle prosequi notice, meaning it will not pursue the misdemeanor assault charges against McIntyre. The charges stemmed from a brief interaction at a Dec. 10 reception celebrating the 25th anniversary of the Foster Care Independence Act, where McIntyre reportedly approached Mace to speak up for transgender foster youth.
According to witnesses, the 33-year-old McIntyre—himself a former foster youth—politely introduced himself and encouraged the congresswoman to consider the needs of transgender children in care. What followed, he and others say, was a standard handshake. But Mace told law enforcement the interaction was aggressive and claimed her arm had been shaken violently.
McIntyre was arrested later that evening, spent a night in jail, and pleaded not guilty to the charges. He was released the next day. Mace, who declined medical treatment at the time, was seen the following day wearing a sling and later cited the encounter as an act of “pro-tr*ns violence.”
Now that the charges have been dismissed, McIntyre says he feels vindicated—but not without scars.
“I’m pleased but not surprised that these baseless charges have been dropped,” McIntyre said in a statement Wednesday. “This entire ordeal has been traumatic. But the outpouring of support from people who know what it means to be seen, to be heard, to fight for youth who so often get left behind—that has meant everything.”
McIntyre’s arrest drew swift condemnation from the child welfare and LGBTQ+ advocacy communities. Many saw it as part of a broader, disturbing trend: the weaponization of criminal accusations against marginalized people and those who advocate for them. For trans advocates, especially, the case echoed a chilling pattern of attempts to silence and vilify those speaking out for transgender youth.
“It’s deeply troubling that a young man who aged out of foster care and has dedicated his life to uplifting others could be so quickly criminalized for a handshake and a sentence about trans kids,” said Elliott Hinkle, a fellow advocate who witnessed the exchange. “James was calm, respectful, and doing what any engaged citizen should feel safe doing—advocating for kids who don’t have a voice in those rooms.”
Congresswoman Mace, who has increasingly aligned herself with far-right politics and is rumored to be eyeing a gubernatorial run, condemned the dismissal.
“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,” she told the press.
Mace has come under fire in recent months for her vocal opposition to transgender rights. In November, she introduced a House resolution aimed at preventing transgender lawmakers and employees from using restrooms aligned with their gender identity—a bill she admitted was a direct attack on Delaware Representative Sarah McBride, the first openly transgender member of Congress.
“Sarah McBride doesn’t get a say,” Mace said at the time. “I mean, this is a biological man.”
Her inflammatory remarks were widely criticized by LGBTQ+ organizations and civil rights groups, many of which noted the irony of Mace using a platform on foster youth to push anti-trans narratives. McIntyre, who is known nationally for his trauma-informed approach to care and policy, responded to the incident by pointing out the broader implications.
“Mace’s actions are fundamentally connected to the broader effort by political extremists to criminalize protected speech and create fear among advocates,” he said. “This isn’t just about me—it’s about every trans youth in care who deserves dignity, support, and safety.”
Sarah McBride, who has remained dignified in the face of repeated personal attacks, issued a brief statement of solidarity with McIntyre: “James has spent his life fighting for those without power. No one should be punished for compassion.”
Lynn Johnson, who served under the Trump administration as Assistant Secretary for the Administration for Children and Families, added her voice in support of McIntyre: “James does not play political games. He leads with care, with empathy, and with lived experience. His mission has always been about healing and hope.”
The Bottom Line
For transgender youth and their families—many of whom already navigate a world of systemic rejection and legislative hostility—the dropping of charges feels like a rare breath of justice. But advocates warn that the climate remains dangerous, especially as political figures continue using trans bodies as battlegrounds for attention and power.
“We will not be silenced,” McIntyre said. “And we will not stop working for our youth. Not now. Not ever.”
