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DOJ lawyers decline to let OMP’s acting director testify about mass firings

Mark Wilson/Getty Images

(WASHINGTON) — The Trump administration could be sanctioned by a federal judge later this week after lawyers with the Department of Justice advised a federal judge Tuesday evening that they will not make a top administration official available for sworn testimony.

U.S. District Judge Charles Alsup had sought to have the acting head of the Office of Personnel Management (OPM), Charles Ezell, testify on Thursday about the mass firing of probationary employees.

But the DOJ said Tuesday that they would not make Ezell available for testimony.

By making Ezell unavailable, DOJ attorneys also withdrew his sworn affidavit, a move that Judge Charles Alsup suggested would heavily increase the odds that the Trump administration loses the case, which involves the legality of firing thousands of probationary employees.

“Live testimony of Mr. Ezell is also not necessary, as a factual matter, because existing documentary evidence and briefing demonstrates that OPM is not directing agencies to terminate probationary employees,” DOJ lawyers argued.

A group of federal unions has alleged that Ezell lied in a sworn declaration that his office did not order the firing of probationary employees based on “performance or misconduct,” prompting Judge Alsup to order Ezell to testify in person and under oath in San Francisco on Thursday.

The Trump administration attempted to push back on the order — arguing in a filing Monday that the testimony raises “fundamental constitutional concerns.”

Judge Alsup late Monday denied their request to cancel the hearing.

“The problem here is that Acting Director Ezell submitted a sworn declaration in support of the defendant’s position but now refuses to appear to be cross examined or to be deposed,” Judge Alsup wrote in an order Monday night.

The plaintiffs allege that on Feb. 13, Ezell convened a phone call with the heads of federal agencies to direct them to terminate thousands of federal employees and “falsely state that the terminations are for performance reasons.”

In a sworn declaration last month, Ezell denied directing the terminations based on performance reasons, instead arguing that OPM only issued guidance to individual agencies about the need for probationary workers to “demonstrate why it is in the public interest” for the government to continue to employ them.

“OPM did not direct agencies to terminate any particular probationary employees based on performance or misconduct, and did not create a ‘mass termination program,’ as the plaintiffs in this matter described it,” Ezell wrote.

The groups challenging the firings in court say that was a lie, and Judge Alsup appeared inclined to agree during a court hearing last month.

“How could so much of the work force be amputated suddenly overnight? It’s so irregular and so widespread and so aberrant from the history of our country,” Judge Alsup said. “How could that all happen with each agency deciding on its own to do something so aberrational?”

“I don’t believe it,” said the judge. “I believe they were directed or ordered to do so by OPM in that telephone call. That’s the way the evidence points.”

The allegations about the mass firings comes as the Trump administration faces increased scrutiny about the role of the Department of Government Efficiency in reducing the size of the federal government. During a cabinet meeting last week, Trump told the heads of the federal agencies that they are in charge of making cuts to their own departments, rather than Elon Musk and DOGE.

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Sports

Scoreboard roundup — 3/11/25

(NEW YORK) — Here are the scores from Tuesday’s sports events:

NATIONAL BASKETBALL ASSOCIATION
Nets 104, Cavaliers 109
Wizards 103, Pistons 123
Bucks 114, Pacers 115
Clippers 120, Pelicans 127

NATIONAL HOCKEY LEAGUE
Panthers 2, Bruins 3
Blue Jackets 3, Devils 5
Senators 5, Flyers 2
Golden Knights 2, Penguins 3
Lightning 1, Hurricanes 4
Avalanche 1, Wild 2
Rangers 1, Jets 2
Canadiens 4, Canucks 2
Capitals 7, Ducks 4
Islanders 1, Kings 4
Predators 3, Sharks 2

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Politics

After House votes to avert government shutdown, Senate Democrats face ‘stark’ choice

Demetrius Freeman/The Washington Post via Getty Images

(WASHINGTON) — In dramatic fashion, House Republicans passed a bill to fund the government through the end of September 2025 — a major victory for Speaker Mike Johnson, who has previously relied on Democrats for bipartisan support to avert a shutdown.

The House voted 217-213 to pass the spending bill, known as a continuing resolution, days before some funding runs out.

Following the House vote — which saw just a single Republican defection — Johnson thanked President Donald Trump, who helped convince GOP holdouts to support the bill.

“We are united in our mission to deliver the America first agenda,” Johnson said in a post on X.

The spending bill now heads to the Senate — where it requires 60 votes to pass, and its fate is uncertain.

The House’s approval has left Senate Democrats divided on the “stark” decision ahead.

What will Senate Democrats do?

“There are really only two options: One is vote for a pretty bad CR. Or the other is to vote for a potentially even worse shutdown,” said Sen. Angus King, I-Maine, following the House vote. “So it’s a very tough choice,”

Democrats met for two hours Tuesday with no consensus on how they planned to handle the vote on the bill — and the fissure is palpable.

Some Democrats are clearly leaning toward casting a painful vote to oppose the House package and effectively shut down the government.

Sen. Elizabeth Warren, D-Mass., branded the House-passed CR a “shutdown bill” that Republicans will bear responsibility for in a floor speech Tuesday night.

“A budget is a reflection of our values,” Warren said on the floor. “This proposal makes crystal clear where Republicans’ values lie. After months of bipartisan talks, they’re walking away from the negotiating table and offering a non-starter House bill that forces us to the brink of a full government shutdown. The Republican shutdown playbook is dangerous, and it will hurt working families.”

Though she did not expressly state how she plans to vote on the package, she said House Democrats were right to oppose the measure, and said the Senate should follow suit.

“Democrats in the House have showed us they are united,” Warren said, when asked if Senate Democrats should be united in their opposition to the House package. “Why should it be different in the Senate?”

Separately, House Minority Leader Hakeem Jeffries suggested Tuesday that Senate Democrats should oppose the measure.

“The strong House Democratic vote in opposition to this reckless Republican spending bill speaks for itself,” Jeffries said.

Senate Dem: Vote ‘like a bad dream’

Pointing to the “stark” choice Senate Democrats face, King said he has concerns that the “uncharted” territory of a shutdown under the new Trump administration that has already laid off federal employees.

“A shutdown is uncharted territory when you’ve got an administration that at least in some ways probably would welcome a shutdown because that would give the president almost unlimited power: deciding who is essential who is not unessential, folding up agencies,” King said. “So that is the dilemma that is being discussed.”

The House has left town for the week after passing their bill. If Democrats in the Senate want to avoid a shut down on Friday night, they’ll have to furnish at least eight votes to do it, with Republican Sen. Rand Paul already stating he’ll oppose the package.

It’s unclear what route they’ll ultimately choose but some members are clearly plagued by the choice.

“They made a bunch of changes, I want to see what they’re changing,” Sen. John Hickenlooper, D-Colo. said.

“I’m not happy … It’s one of those things once we go through it, it’s going to feel like a bad dream. I’ve got to go through it.”

House vote: 1 Republican ‘No,’ 1 Democratic ‘Yes’

In the House vote, Kentucky Republican Rep. Thomas Massie voted no — despite pressure from the president in the form of a primary threat. In a Truth Social post Monday, Trump suggested that the defection warranted mounting a primary campaign against Massie.

To pass the measure Tuesday afternoon, Johnson relied on some GOP support from Republicans who had never voted in favor of a continuing resolution.

Rep. Jared Golden was the only Democrat who voted with Republicans. All other Democrats voted against the measure — potentially previewing the posture of Senate Democrats.

“This CR is not perfect, but a shutdown would be worse. Even a brief shutdown would introduce even more chaos and uncertainty at a time when our country can ill-afford it,” Golden posted on X.

He also slammed Democrats for using what he called “messaging gimmicks” about the bill.

The bill funds the government at current levels through Sept. 30, 2025.

What’s in the bill?

The 99-page bill decreases spending overall from last year’s funding levels, but increases spending for the military by about $6 billion.

While there is an additional $6 billion for veterans’ health care, non-defense spending is about $13 billion lower than fiscal year 2024 levels.

The legislation leaves out emergency funding for disasters, but provides a boost in funding for Immigration and Customs Enforcement deportation operations.

It also increases funding for W.I.C. by about $500 million, a program that provides free groceries to low-income women and children.

Now that the House has dispatched its bill to the Senate, it’s not yet clear how it will fare as it will require significant bipartisan support to pass the upper chamber.

Vote was major test of Johnson’s leadership

The spending bill was a major test for Johnson. In the absence of Democratic support, Johnson could only afford to lose one Republican vote before a second defection killed the bill.

In a statement following the vote, Johnson said Republicans “stood for the American people” and blasted Democrats who he said “decided to double down on partisan politics.”

Johnson had crucial allies in Trump and Vice President JD Vance, who lobbied House Republicans to shore up support ahead of the vote.

In the final hours before the Tuesday vote, Trump worked the phones, reaching out to the House Republicans who remained undecided.

On Tuesday morning, Vance attended a closed-door House conference meeting where he urged House Republicans to get on board with the vote and emphasized the importance of not shutting the government down, members said to ABC News.

Government funding is set to lapse at the end of the day on Friday, March 14.

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Politics

Rep. Sarah McBride misgendered by Republican colleague during committee hearing

Win McNamee/Getty Images

(WASHINGTON) — Rep. Sarah McBride, D-Del., the first transgender person elected to Congress, continues to face attacks from her Republican colleagues, who have repeatedly misgendered her on the House floor and in committee hearings.

On Tuesday, it happened again during a House foreign affairs subcommittee meeting.

Rep. Keith Self, R-Texas, the chairman of the House Foreign Affairs Subcommittee on Europe, introduced McBride, saying: “I now recognize the representative from Delaware: Mr. McBride.”

McBride then responded, “Thank you, Madame Chair,” hitting back at Self.

However, as McBride started her line of questioning, Rep. Bill Keating, D-Mass., the ranking member of the subcommittee, interjected.

“Mr. Chairman, could you repeat your introduction again, please?” he asked.

Self argued, without elaborating, that he was following “the standard on the floor of the House.”

Keating grew irate with Self, asking him to repeat his introduction of McBride. However, Self doubled down.

“I will. The representative from Delaware: Mr. McBride,” Self said.

McBride sat there as a back-and-forth ensued between the chairman and the ranking member.

“Mr. Chairman, you are out of order. Mr. Chairman, have you no decency?” Keating said.

“We will continue this hearing,” Self responded, attempting to move the committee hearing along.

“You will not continue it with me unless you introduce a duly elected representative the right way,” Keating said.

However, Self still did not change his rhetoric. Rather, he called for the hearing to be adjourned.

In a statement to ABC News Tuesday, McBride said she was “disappointed” by the decision to end the hearing early.

“I was prepared to move forward with my questions for the Subcommittee on nuclear nonproliferation and US support for Democratic allies in Europe,” she said.

This is not the first time McBride has been misgendered or has been the center of policy changes as it relates to transgender people.

Before McBride was sworn into office, Republican members worked to place a ban on transgender women from using women’s restrooms at the U.S. Capitol.

In late November, House Speaker Mike Johnson, R-La., announced as policy that transgender women cannot use women’s restrooms at the Capitol and in House office buildings, as well as in changing rooms and locker rooms.

“It is important to note that each Member office has its own private restroom, and unisex restrooms are available throughout the Capitol,” Johnson said in a statement announcing the policy. “Women deserve women’s only spaces.”

Then, before giving her first floor speech on Feb. 8, McBride was misgendered by Rep. Mary Miller, R-Ill.

“The Chair recognizes the gentleman from Delaware, Mr. McBride,” Miller said.

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Business

Major US airlines warn demand is slowing

Busakorn Pongparnit via Getty Images

(NEW YORK) — The major U.S. airlines thought they were going to have a strong first quarter, but things are not going as well as expected.

Each of the major U.S. airlines has put out guidance pointing to significant economic uncertainty that is directly affecting their domestic bookings this spring.

For its part, Delta was sure this would be a strong first quarter, but this morning the airline’s CEO admitted they were wrong.

Speaking out Tuesday during the J.P. Morgan industrials conference in New York, Southwest, United and American all echoed the same message.

The reasons: Two major plane incidents — including the deadly midair collision between an American Airlines regional jet and U.S. Army Black Hawk helicopter over Washington, D.C. — the uncertain economic future, plummeting government travel and reductions to corporate travel.

Overall, bookings fell after the deadly Jan. 29 D.C. crash, rebounded a bit, and then fell again after the Feb. 17 crash in Toronto, in which a regional jet crashed upon landing, overturned and caught fire.

“It caused a lot of shock amongst consumers. There’s a whole generation of consumers that didn’t realize these things can happen,” Delta CEO Ed Bastian said during the J.P. Morgan conference on Tuesday.

Consumer confidence is unsettled and companies are waiting to see how things shake out. While companies wait, they are booking fewer seats.

Delta expects revenue to be down $500 million — or 4% less than it anticipated this quarter.

Airlines say they will cut capacity — reducing the number of seats they are flying — in order to stabilize the market.

American Airlines has taken a significant hit at the D.C.’s Ronald Reagan National Airport from both the January crash and reductions in government travel.

The airline is reducing capacity there to limit the losses.

United says government travel is down 50%.

One bright spot: Airlines say despite the domestic bookings being weak, international travel remains strong — and airlines believe this summer will still be strong.

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National

2 more suspects arrested after Southern University student dies in alleged hazing incident

The booking photos for Isaiah Smith, left, and Kyle Thurman (Baton Rouge Police Department)

(BATON ROUGE, LA) — Two more suspects have been arrested in connection with the death of a Southern University and A&M College student during an alleged hazing incident, police said Tuesday.

Caleb Wilson, a 20-year-old junior at the college in Baton Rouge, Louisiana, died following an off-campus incident last month, school officials said.

Wilson collapsed after being punched in the chest multiple times while pledging to a fraternity, according to Baton Rouge Police Chief TJ Morse.

A group of males dropped him off unresponsive at a local hospital and reported he collapsed after being struck in the chest while playing basketball at a city park, according to court filings. But upon investigation, officers learned that the incident actually occurred at a warehouse in Baton Rouge while he was pledging to the Omega Psi Phi Fraternity, according to Morse.

One suspect, 23-year-old Caleb McCray, turned himself in to the East Baton Rouge Parish prison last week with his attorney and has been charged with criminal hazing and manslaughter, Morse said.

Two additional suspects were arrested this week for criminal hazing, a felony, the Baton Rouge Police Department said Tuesday.

Kyle Thurman, 25, was arrested in Port Allen, Louisiana, on Monday by the U.S Marshals Fugitive Task Force and Baton Rouge Police Department’s Violent Crimes Apprehension Team, police said. He was extradited to Baton Rouge and booked into the East Baton Rouge Parish Prison, police said. It is unclear if he has an attorney.

Isaiah Smith, 28, turned himself in early Tuesday and was booked into the East Baton Rouge Parish Prison, police said.

“A fair bond was set and his family are going through the process of bonding him,” his attorney, Franz Borghardt, said in a statement Tuesday evening to ABC News. “Our thoughts and prayers go out to the Wilson family in this time of mourning.”

The three suspects allegedly punched some of the pledges with boxing gloves while the students stood in a line during a meeting at a flooring company warehouse on Feb. 26, according to their arrest warrants. McCray is the only suspect specifically accused in the documents of punching Wilson.

Smith held the title of dean of pledges and was in charge of the nine pledges at the time of the alleged hazing, according to the affidavit in his arrest warrant. He is accused of punching “at least one pledge” during the alleged hazing, according to the affidavit.

Thurman allegedly punched pledges in one group, while McCray is accused of punching pledges in another group that included Wilson, according to the affidavits in their arrest warrants. Both suspects are current members of the Omega Psi Phi Fraternity, the affidavits said.

McCray allegedly punched Wilson four times in the chest, at which point Wilson fell to the floor, becoming unresponsive and appearing to have a seizure, according to the affidavits.

Wilson was brought to a local hospital in a vehicle registered to Smith, according to the affidavits. Officers also identified Smith as the person seen on surveillance video removing an unresponsive Wilson from the car, according to the affidavits.

Following McCray’s arrest, his attorney said they are reviewing the facts of the case and are committed to ensuring that “due process is followed.”

“At this time, I have not been presented with any evidence to support such serious accusations,” his attorney, Phillip Robinson, said in a statement Friday. “I maintain my client’s innocence and urge the public to withhold rushing to judgment until all the evidence is heard.”

Wilson was pronounced dead shortly after midnight on Feb. 27, according to the East Baton Rouge Parish Coroner’s Office.

The cause of Wilson’s death has not yet been determined while awaiting the results of the additional forensic testing that was ordered by the pathologist, the East Baton Rouge Parish Coroner’s Office confirmed to ABC News on Friday.Additional suspects and arrests are possible, Morse said.

Southern University, a historically Black college and university, said it is cooperating with the criminal investigation. The school is also conducting an internal investigation into what led to Wilson’s death following reports of “unsanctioned off-campus activities” and will “take appropriate action” once completed.

“Hazing is a violation of the University’s rules and regulations as well as Louisiana law, and it will not be tolerated in any form at Southern University,” the school said.

Last week, the university said it had begun its student judiciary process for any alleged breaches of school policy amid its hazing investigation. It has also indefinitely banned membership intake for all student organizations in the wake of Wilson’s death.

Ricky Lewis, the highest-ranking national official in the Omega Psi Phi Fraternity, previously said in a statement that they are “actively working to gather accurate information” amid the investigation by local authorities and “we fully support their efforts to seek the truth.”

A public memorial is scheduled to be held for Wilson at Southern University on Friday to “mourn this tremendous loss,” school officials said.

“He was a bright light in Jaguar Nation, a dedicated scholar, and a proud member of the world-renowned Human Jukebox,” Southern University Chancellor John Pierre said in a statement. “Caleb Wilson’s kindness, passion, and unwavering spirit left a lasting impact on all who had the privilege of knowing him.”

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Entertainment

Scarlett Johansson won’t return to play Black Widow: ‘We’re going to have to let her go’

Jay Maidment/Marvel

Scarlett Johansson doesn’t carry any hope of a return to the Marvel Cinematic Universe.

The actress, who starred as Black Widow in the superhero film franchise, told InStyle for a cover story that she does not see a possibility for that character to return.

“Natasha is dead. She is dead. She’s dead. Okay? They just don’t want to believe it,” Johansson said. “They’re like, ‘But she could come back!’ Look, I think the balance of the entire universe is held in her hand. We’re going to have to let her go. She saved the world. Let her have her hero moment.”

Johansson’s Natasha Romonoff was killed off in the 2019 blockbuster Avengers: Endgame. The character appeared in the prequel movie Black Widow, which debuted in theaters in 2021.

Johansson is now gearing up to star in a brand-new film franchise. She’ll appear in the upcoming Universal Pictures film Jurassic World: Rebirth.

Johansson said the studio recently asked if she would join Instagram to help promote the film.

“I mean, even today, I got an email from Universal [Pictures], and they’re like, ‘Hey, would you consider joining Instagram in tandem with the release of Jurassic World: Rebirth?'” Johansson said. “I get a lot of pressure to join social media. [It does make me think] … is there a way where I could do this and stay true to who I am? It didn’t feel like I could.”

The actress said that all of the work she puts out is based in truth and that joining Instagram would not be true to her.

“So if I was a person who really enjoyed social media, then I could totally get on the bandwagon. But I’m not,” Johansson said. “And I think the film will do fine.”

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Politics

Perkins Coie files suit to block Trump executive order aimed at punishing firm

Alex Wong/Getty Images

(WASHINGTON) — The law firm Perkins Coie has filed suit against the Trump administration over an executive order signed by President Donald Trump last week that targeted the firm for its work representing Hillary Clinton’s 2016 campaign.

Attorneys representing Perkins Coie filed the lawsuit on Tuesday in the U.S. District Court for the District of Columbia, along with a request for a temporary restraining order to bar enforcement of the executive order.

“The Order is an affront to the Constitution and our adversarial system of justice,” the lawsuit said. “Its plain purpose is to bully those who advocate points of view that the President perceives as adverse to the views of his Administration, whether those views are presented on behalf of paying or pro bono clients.”

It’s the first legal challenge in what Trump has previewed will be a wave of executive actions seeking to punish law firms that have represented his perceived political enemies.

The order, signed by Trump on March 6, mandates that lawyers working for Perkins Coie have their security clearances stripped and aims to terminate any government contracts that might exist with the firm or other entities that it represents. It further bars agencies from hiring employees of Perkins Coie and prohibits employees from the firm from accessing government buildings.

“Perkins Coie brings this case reluctantly,” the lawsuit said. “The firm is comprised of lawyers who advocate for clients; its attorneys and employees are not activists or partisans. But Perkins Coie’s ability to represent the interests of its clients — and its ability to operate as a legal-services business at all — are under direct and imminent threat. Perkins Coie cannot allow its clients to be bullied.”

In his signing of the order, Trump pointed to Perkins Coie’s work in the 2016 campaign and ties to the “Steele Dossier,” which detailed a series of highly salacious allegations about Trump that were later investigated by the FBI and determined to be unsubstantiated.

Marc Elias, who left Perkins Coie to start his own firm in 2021, brokered an agreement with the research and intelligence firm Fusion GPS to conduct opposition research on Trump leading up to the 2016 election. Fusion then hired a former British spy, Christopher Steele, who compiled the dossier.

As Perkins Coie’s lawsuit noted, however, the two attorneys singled out in the executive order’s actual text “have not been with the firm for years.”

“The retaliatory aim of the Order is intentionally obvious to the general public and the press because the very goal is to chill future lawyers from representing particular clients,” the lawsuit said.

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World news

104 hostages rescued after Pakistani train attacked, 450 taken hostage

(LONDON) — There have been 104 passengers rescued from a train in Pakistan on Tuesday after it was attacked and hundreds were taken hostage by the militant Balochistan Liberation Army, according to a Pakistani military official.

At least 17 people have been injured and 16 terrorists have been killed as a military operation continues, according to the official.

Earlier, a U.S. official told ABC News that at least 450 people were taken hostage on the train and said six Pakistani military personnel were killed.

The separatist militant group claimed it had taken 182 military and security personnel hostage on the train, according to a post on Telegram, but said they had released the majority of the civilians on board. The group claimed a higher number of casualties in the attack, saying they killed 20 Pakistani military personnel and shot down a drone.

The BLA had threatened to kill all the hostages if Pakistan’s military tries to rescue them, the official said.

The BLA blew up part of the track, forcing the train to stop, before they boarded and took control, according to the official.

The attack happened in mountainous area right before a tunnel, making a rescue very difficult, they said.

Pakistani Interior Minister Mohsin Naqvi condemned the attack and said the government would not make any concessions to “beasts who fire on innocent passengers.”

The train was trapped in a tunnel after the tracks were blown up and militants opened fire on it, reportedly injuring the driver, local authorities and police have told media.

This is a developing story. Please check back for updates.

 

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Politics

Trump checks out Teslas at White House as Musk’s auto company stock sinks

Photo by Andrew Harnik/Getty Images

(WASHINGTON) — As Tesla’s bottom line continues to slide downward, Elon Musk on Tuesday received maybe an unsurprising endorsement from a potential new owner of one of his EVs: President Donald Trump.

Musk, joined by his 4-year-old son X, delivered five Tesla models, including a Cybertruck, to the White House Tuesday afternoon, just hours after Trump, who does not currently drive, vowed to buy one to support Musk.

“I just want people to know that you can’t be penalized for being a patriot,” Trump told reporters during a photo op with the cars and Musk. “People should be going wild, and they love the product.”

The president got into the seat of one the cars and claimed that he was going to buy one of the cars and leave it at the White House for his staff to use.

“I’m going to let people at the place use it, and they are all excited about that I’m not allowed to use it,” he said.

Trump’s announcement came as Tesla has been taking a massive hit over the last two months, including recent protests and slumping sales overseas.

Stock in the company has dropped every week since Musk went to Washington, wiping out more than $700 billion in market value. And Musk’s personal net worth has dropped $148 billion since Inauguration Day, according to the Bloomberg Billionaire Index.

“This means a lot, and also thank everyone out there who is supporting Tesla,” Musk said.

Trump previously criticized EVs, claiming that they are too costly, inefficient and not in demand.

However, he admitted in August on the campaign trail that he had to change his tune after Musk endorsed his candidacy.

“I’m for electric cars. I have to be because Elon endorsed me very strongly,” he told a crowd at a rally.

However, since taking office Trump has vowed to end federal incentives for EV purchases and signed an executive order that undid President Joe Biden’s goal to have half of all cars sold in 2030 be an EV.

It is an unspoken rule that current and former presidents aren’t allowed to drive on open roads.

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