Foster advocacy group denies that arrested member assaulted Rep. Nancy Mace

The head of a foster-care advocacy group is disputing allegations that one of its members assaulted Rep. Nancy Mace, R-S.C., during a reception Tuesday night at the Rayburn House Office Building on Capitol Hill, saying the two merely shook hands during what appeared to be an amicable greeting.

U.S. Capitol Police said James McIntyre, 33, co-founder of the Illinois chapter of Foster Care Alumni of America, was arrested and charged with assaulting a government official. A spokesperson for the police agency declined to comment beyond a brief statement that did not detail the alleged assault.

In an account of the incident filed Wednesday in D.C. Superior Court, police said a member of Congress reported that McIntyre “took her hand with both of his hands and shook her arm up and down in an exaggerated, aggressive hand shaking motion” that lasted three to five seconds.

According to the charging document, she told police that she tried to withdraw her arm but could not and that “she was experiencing pain in her wrists, arm and armpit/shoulder due to the incident.” She declined medical treatment, the responding officer wrote.

McIntyre pleaded not guilty through his court-appointed attorney at an initial court appearance Wednesday.

The arrest startled a foster-care advocate from Wyoming who said in an interview that they had witnessed the exchange. Elliott Hinkle said they were standing near McIntyre when he reached out his hand and Mace reached out hers. Hinkle said McIntyre used both hands to shake the congresswoman’s hand.

“What we witnessed was a handshake, a passionate shake, but it didn’t look like an assault or intended aggression,” Hinkle said, referencing several people they said also saw the encounter. They said McIntyre told Mace, “Trans youth are also foster youth, and they need your support.”

Mace, who has introduced a resolution to ban transgender women from women’s bathrooms in the Capitol, alleged on the platform X that she was accosted by a “pro-tr*ns man” and that her injuries required a brace for her wrist and ice for her arm. “I was physically accosted tonight on Capitol grounds over my fight to protect women,” she posted.

She posted an update Wednesday morning, saying President-elect Donald Trump called her “to check up on me.” She posted: “I’m going to be fine just as soon as the pain and soreness subside. January 20th can’t come soon enough,” referring to Trump’s inauguration.

A spokesperson for Mace’s office did not respond to a request for comment.

McIntyre was held overnight Tuesday at the D.C. jail complex. Magistrate Judge Renee Raymond ordered him released from custody the following afternoon and allowed him to return home to Chicago, with conditions.

Raymond ordered him to stay away from Mace. She also said he could only return to the District for court-related matters — which drew an objection from his lawyer, Alijah Futterman of Georgetown University Law Center.

Details of the arrest were first reported by the Imprint, a publication that covers youth and family news, including child welfare, juvenile justice and youth homelessness.

April Curtis, chair of Alexandria-based Foster Care Alumni of America, said the allegations and arrest stunned advocates, many of them young people, who came to Washington to celebrate the 25th anniversary of the passage of a law that expanded federal support for foster care.

“People are told it’s safe to come here and educate and advocate,” Curtis said, “and you shake someone’s hand and you’re accused of assaulting them.” She said numerous people she talked with provided versions consistent with Hinkle’s.

In a statement, Capitol Police said the incident occurred shortly before 6 p.m. and was reported to the agency by a congressional staffer. Police said officers and agents with its Threat Assessment Section located McIntyre and arrested him on the charge after conducting an “investigative interview.”

Hinkle, 31, the founder of Unicorn Solutions in Wyoming and an advocate for transgender rights who helps youths in foster care navigate the system and provides support, said there were about 50 people at the reception, including Mace and a congressional and state representative from Illinois. Hinkle said Mace, who co-chairs the congressional Caucus on Foster Youth, spoke at the reception, telling attendees she looked forward to working with them.

Given Mace’s posture on transgender rights, Hinkle said, they were taken aback to see her in attendance. The event drew a number of advocates for the LGBTQ+ community, which is overrepresented among foster youths.

As she headed for the exit, Hinkle said, McIntyre approached Mace and said “hello.” McIntyre did not appear angry as he interacted with Mace, Hinkle said, adding that “her face when she first saw him appeared welcoming.”

After the contested handshake, Hinkle said, McIntyre returned to his seat, and the congresswoman left. Hinkle said that a short time later, one of Mace’s aides approached McIntyre and asked for his name and what message he had. Hinkle said McIntyre repeated what he had told Mace and the aide left.

A short time later, Hinkle said, Capitol Police officers showed up at the reception. By that time, Hinkle said, McIntyre had left. Hinkle said police contacted McIntyre, who returned to the building and was arrested outside.

It could not be determined whether the encounter was captured on video or whether there is a surveillance camera in the room where the reception was held.