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Nancy Mace gets prominent foster care activist arrested on assault charges that eyewitnesses dispute

Nancy Mace talks with reporters before a meeting of the House Republican Conference in the US Capitol building
Tom Williams/CQ-Roll Call, Inc via Getty Images

James McIntyre merely shook her hand at an event and asked her to consider trans kids before she got him arrested, witnesses said.

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Earlier this week, South Carolina U.S. Rep. Nancy Mace claimed that she was assaulted by a pro-trans rights activist and had him arrested, but eyewitness reports don’t support her story.

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Mace has alleged that James McIntyre, a 33-year-old foster care rights advocate from Chicago, physically assaulted her during a public event at the Rayburn House Office Building. Mace took to X (formerly Twitter) on Tuesday evening to detail the encounter:

“I was physically accosted at the Capitol tonight by a pro-[trans] man. One new brace for my wrist and some ice for my arm and it’ll heal just fine. The Capitol police arrested the guy. Your [trans] violence and threats on my life will only make me double down. FAFO.”

According to court records, Mace declined to be seen by a paramedic after the incident.

She continued pushing her outrage narrative the following day.

“Thank you President Trump for the call just now to check in on me,” she wrote on X. “I’m going to be fine just as soon as the pain and soreness subside. January 20th can’t come soon enough.”

She later added, “LGBs should divorce the Ts.”

Contrary to Mace’s depiction of the incident as an assault, several eyewitnesses have provided conflicting accounts. Lisa Dickson, a veteran advocate for foster youth from Ohio, expressed her frustration on Facebook:

“I want to express deep disappointment in the fact that Congresswoman Nancy Mace came to a national foster youth event, told participating youth that it was a safe space — and literally had one of them arrested by Capitol police for simply shaking her hand and asking about trans rights.”

The Washington Post reports that the arrest surprised a foster-care advocate from Wyoming. Elliott Hinkle, a former foster youth and LGBTQ+ rights advocate, recounted their observations. “What we witnessed was a handshake, a passionate shake, but it didn’t look like an assault or intended aggression,” Hinkle told the Post. Standing near McIntyre, Hinkle noted that he used both hands while shaking Mace’s hand. They added that McIntyre told Mace, “Trans youth are also foster youth, and they need your support.”

McIntyre was promptly arrested by U.S. Capitol Police on the night of the incident and charged with misdemeanor assault. A police affidavit alleges that McIntyre engaged in an “exaggerated, aggressive” handshake with threats directed at Mace. A Superior Court of the District of Columbia magistrate judge ordered McIntyre’s release from custody and issued a no-contact order. McIntyre entered a not-guilty plea to the charges.

McIntyre’s attorney, Alijah Futterman, did not respond to The Advocate’s request for comment regarding the assault allegations and the legitimacy of the police report filed by Mace. Mace’s office did not respond to The Advocate’s request for comment on the incident.

On Wednesday, a Capitol Police public information officer sent The Advocate a statement about the incident.

“Last night, the United States Capitol Police (USCP) arrested a person who is accused of assaulting a U.S. Representative,” the public information officer wrote. “Just before 6:00 p.m. on Tuesday, December 10, the Member of Congress’ office reported an incident in the Rayburn House Office Building. House Division officers, and agents with the Threat Assessment Section, tracked down the suspect.” The officer wrote that after an investigative interview, McIntyre was arrested.

“The Rayburn House Office Building was open to the public at the time of the incident [and] McIntyre went through security screening prior to entering the Congressional buildings,” the spokesperson said.

Following the initial statement, Capitol Police did not respond to multiple further inquiries from The Advocate seeking clarification on the conflicting reports of the incident.

McIntyre has a longstanding history of advocating for foster youth, speaking out about the abuse he endured within the foster care system. His commitment to advocacy was recognized in 2019 when the Illinois chapter of the National Association of Social Workers named him its “Public Citizen of the Year,” the Post and Courierreports.

Mace’s allegations against McIntyre are situated against the backdrop of her broader legislative agenda targeting transgender rights. Last month, she introduced a resolution aimed at restricting lawmakers and House employees from using single-sex facilities that do not correspond to their biological sex. Mace admitted that her move was a direct response to the election of Sarah McBride, the first transgender person elected to Congress, representingDelaware’s at-large congressional district in the 119th Congress in January.

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Christopher Wiggins

Christopher Wiggins is a senior national reporter for The Advocate. He has a rich career in storytelling and highlighting underrepresented voices. Growing up in a bilingual household in Germany, his German mother and U.S. Army father exposed him to diverse cultures early on, influencing his appreciation for varied perspectives and communication. His work in Washington, D.C., primarily covers the nexus of public policy, politics, law, and LGBTQ+ issues. Wiggins' reporting focuses on revealing lesser-known stories within the LGBTQ+ community. Key moments in his career include traveling with Vice President Kamala Harris and interviewing her in the West Wing about LGBTQ+ support. In addition to his national and political reporting, Wiggins represents The Advocate in the White House Press Pool and is a member of several professional journalistic organizations, including the White House Correspondents’ Association, Association of LGBTQ+ Journalists, and Society of Professional Journalists. His involvement in these groups highlights his commitment to ethical journalism and excellence in the field. Follow him on X/Twitter @CWNewser (https://twitter.com/CWNewser) and Threads @CWNewserDC (https://www.threads.net/@cwnewserdc).
Christopher Wiggins is a senior national reporter for The Advocate. He has a rich career in storytelling and highlighting underrepresented voices. Growing up in a bilingual household in Germany, his German mother and U.S. Army father exposed him to diverse cultures early on, influencing his appreciation for varied perspectives and communication. His work in Washington, D.C., primarily covers the nexus of public policy, politics, law, and LGBTQ+ issues. Wiggins' reporting focuses on revealing lesser-known stories within the LGBTQ+ community. Key moments in his career include traveling with Vice President Kamala Harris and interviewing her in the West Wing about LGBTQ+ support. In addition to his national and political reporting, Wiggins represents The Advocate in the White House Press Pool and is a member of several professional journalistic organizations, including the White House Correspondents’ Association, Association of LGBTQ+ Journalists, and Society of Professional Journalists. His involvement in these groups highlights his commitment to ethical journalism and excellence in the field. Follow him on X/Twitter @CWNewser (https://twitter.com/CWNewser) and Threads @CWNewserDC (https://www.threads.net/@cwnewserdc).