Rep. LaMonica McIver must face federal charges over incident at ICE detention center, judge rules
Representative LaMonica McIver, a Democrat from New Jersey, speaks to members of the media in Statuary Hall at the US Capitol in Washington, DC, US, on Wednesday, June 25, 2025. Eric Lee/Bloomberg via Getty Images
(NEWARK, N.J.) — Congresswoman LaMonica McIver must face at least two of three federal charges accusing her of assaulting and impeding immigration officers outside a New Jersey detention center after federal judge on Thursday rejected her attempt to dismiss the case.
The New Jersey Democrat was charged with three counts of assaulting, resisting, impeding and interfering with federal officials following her May 9 visit to Delaney Hall, a privately owned, 1,000-bed facility in Newark that ICE uses as a detention center.
The government alleges McIver intervened as federal agents attempted to arrest Newark Mayor Ras Baraka.
U.S. District Judge Jamel Semper turned down McIver’s arguments that she is immune from prosecution under the Speech or Debate Clause.
“Impeding an arrest, whether lawful or unlawful, goes beyond any reasonable definition of oversight and, accordingly, exceeds the safe harbor of legislative immunity,” Semper wrote in an order published Thursday.
McIver’s actions as described in count one, which alleged she placed her arms around the mayor in an attempt to thwart his arrest and then slammed her forearm into a federal agent, were “wholly disconnected from the oversight she and the Representatives later conducted when touring the facility, where they engaged in protected fact-finding related to federal immigration policy,” the judge continued. “Defendant’s presence at Delaney Hall does not grant constitutional protection for every act performed in connection to that visit.”
Semper said he is still considering whether the Speech and Debate Clause might apply to count two — which alleged she forcibly struck an ICE officer following the arrest — noting, “the factual record is still being developed.”
The judge also rejected McIver’s argument that her case amounted to selective and vindictive prosecution by a Republican administration that called her visit to Delaney Hall a “reckless stunt.”
“Defendant has not demonstrated that her prosecution is a result of personal animus harbored by the prosecution,” Semper said.
McIver has pleaded not guilty. The trial was supposed to start this week but had been delayed pending the judge’s ruling.
She has alleged the prosecution is politically motivated, and her office called the charges “baseless.”
“This is Trump weaponizing the DOJ for people who speak out against him, for members and elected leaders who do their jobs to hold this administration accountable,” she said at a press event following her arraignment in June. “We will not be intimidated.”
Tensions escalated at the facility when a federal officer ordered Baraka to leave a secured area of the facility or face arrest, and pushing and shoving allegedly occurred, according to prosecutors.
Baraka was arrested at the facility and charged with trespassing, which was later dropped.
President Donald Trump departs the White House, January 27, 2026, in Washington. (Chip Somodevilla/Getty Images)
(WASHINGTON) — President Donald Trump on Tuesday touted the arrival of his border czar, Tom Homan, on a mission to Minneapolis — as he took personal charge of dealing with the backlash following the second fatal shooting of an American citizen by federal agents in the city.
The president, who had said Homan would report directly to him, sounded positive about his change in course so far, saying Homan had met with Minnesota Democratic Gov. Tim Walz and would do the same with Minneapolis Democratic Mayor Jacob Frey.
“I hear things are going very nicely,” Trump told reporters as he left the White House for Iowa, where he was set to deliver remarks on the economy. But there has been no apparent immediate change or pullback in the deployment of federal immigration enforcement agents — as Walz and Frey have demanded.
The White House has noticeably sought to put some distance between the president and the controversial words of his top officials in the immediate aftermath of the deadly shooting of Alex Pretti, a 37-year-old ICU nurse.
Trump on Sunday declined to defend the agents involved, and White House press secretary Karoline Leavitt on Monday said she hadn’t heard Trump characterize Pretti the same way as White House deputy chief of staff Stephen Miller or Homeland Security Secretary Kristi Noem — both of whom had quickly accused him of domestic terrorism without any evidence.
Trump on Tuesday also publicly broke with Miller, telling reporters he does not believe Pretti was an “assassin” as Miller had described him.
When asked if he believes Pretti’s death was justified, Trump said a “big investigation” is underway and suggested he would be monitoring it personally.
“I want to see the investigation. I’m going to be watching over it. I want a very honorable and honest investigation. I have to see it myself,” Trump said.
At the same time, Trump continued to criticize Pretti for having a gun on him, which state and local officials said he was lawfully carrying with a concealed carry permit, telling reporters: “You can’t walk in with guns.”
On what his message is for Pretti’s family, Trump told ABC News Chief White House Correspondent Mary Bruce: “Well, I’m looking at that whole situation. I love everybody. I love all of our people. I love his family. And it’s a very sad situation.”
Still, Trump stood by Noem on Tuesday and told reporters she won’t be stepping down.
“I think she’s done a very good job. The border is totally secure,” Trump said.
Noem met with Trump in the Oval Office on Monday as scrutiny grew over the shooting and the administration’s response, sources told ABC News. While sources saidNoem is expected to keep her job as of now, her focus is expected to shift to other priorities.
A person familiar with the planning said Homan is likely to focus on more targeted immigration enforcement efforts.
Homan’s arrival also comes as Customs and Border Protection commander-at-large Greg Bovino is set to leave Minneapolis to return to El Centro, California, and resume his duties as chief of that sector, multiple sources told ABC News. Some Border Patrol agents are also leaving Minneapolis.
Earlier Tuesday, in a radio interview on “Sid & Friends In the Morning,” Trump said that if Minneapolis officials give the federal government “their criminals” then it “all goes away” when asked about the possibility of some federal forces leaving the state.
“What we need is their criminals. You know, they have criminals. And all I said, ‘just give us your criminals’ and if you give us the criminals, it all goes away,” the president said.
Trump also recounted calls he had with both Walz and Frey on Monday amid growing tensions in Minneapolis.
“Actually, they were both great conversations,” Trump said. “So, let’s hope that turns out to be so.”
Walz, who was critical of the Trump administration’s immigration crackdown in an op-ed on Monday, said he and Homan agreed to an “open dialogue” after their meeting on Tuesday.
“Governor Walz met with Tom Homan this morning and reiterated Minnesota’s priorities: impartial investigations into the Minneapolis shootings involving federal agents, a swift, significant reduction in the number of federal forces in Minnesota, and an end to the campaign of retribution against Minnesota,” Walz’s office said in a statement.
“The Governor and Homan agreed on the need for an ongoing dialogue and will continue working toward those goals, which the President also agreed to yesterday. The Governor tasked the Minnesota Department of Public Safety as the primary liaison to Homan to ensure these goals are met,” the statement read.
Frey called his meeting with Homan “productive” in a series of posts on X.
“I reiterated that my main ask is for Operation Metro Surge to end as quickly as possible. Public safety works best when it’s built on community trust, not tactics that create fear or division,” he said.
Frey added he made it clear to Homan that “Minneapolis does not and will not enforce federal immigration laws.”
Demolition of the East Wing of the White House, during construction on the new ballroom extension of the White House in Washington, DC, US, on Tuesday, Dec. 9, 2025. (Aaron Schwartz/Bloomberg via Getty Images)
(WASHINGTON) — The White House on Thursday presented the latest plans for the East Wing renovation project, the construction of a 90,000-square-foot ballroom, in a public meeting of the National Capital Planning Commission.
The project’s architect, Shalom Baranes, said during the meeting that the White House is considering adding a one-story addition to the West Wing to restore “symmetry” to the complex after the East Wing ballroom project is complete.
His comments came after announcing a two-story colonnade would connect the East Room in the White House to the new ballroom.
“The White House is therefore considering the idea of a modest one-story addition to the West Wing colonnade, which would serve to restore a sense of symmetry around the original central pavilion.”
Baranes also clarified details about the expansion project, telling commissioners the East Wing expansion would include a second floor, and that the new ballroom would have roughly 40-foot ceilings, be roughly 22,000 square feet of the nearly 90,000 square foot project, and be able to accommodate up to 1,000 seated guests.
Phil Mendelson, the Washington City Council Chairman and member of the planning commission, said he felt the East Wing design could appear to be “overwhelming” the existing White House structure.
Baranes said the 45,000 square foot project would “exactly” match the height of the White House when completed.
President Donald Trump has repeatedly increased the size and cost of the ballroom project. Last month, he said it would cost $400 million, after an initial estimate of $200 million. The White House has said the project will be funded by private donations.
Answering questions from commissioners, Baranes said the potential project would add a story to the West Wing colonnade, and not the West Wing building proper.
He also offered no timetable for the potential addition and did not present any new renderings or drawings.
Josh Fisher, a White House official who also supplemented the presentation, said the Trump administration is also considering changes to Lafayette Park and the visitor screening areas on the White House complex in the future.
Will Scharf, a senior White House official who sits on the Capital Planning Commission, noted that Trump is hosted at Windsor Castle when he visits the United Kingdom, but when the King of England visits the White House, he may be hosted in a “tent” on the White House lawn.
“That, to me, is not a good look for the United States,” he said.
James Blair, another Trump appointee on the commission, said the current White House can’t “accommodate” efforts for the president to “break bread” with groups of lawmakers.
Other commissioners affiliated with the city expressed some reservations about the scale of the project and the fact that demolition started before the plan was presented.
The White House announced the ballroom construction project in late July, and demolition began suddenly on the East Wing in late October, when workers were spotted tearing down the wing of the White House that contained the first lady’s offices.
Scharf pointed out that demolition began at the Smithsonian Air and Space Museum before the renovation plan was presented to local bodies.
In December, the National Trust for Historic Preservation filed a lawsuit to stop the East Wing construction project by claiming the administration had circumvented the required review process for federal projects.
In a hearing in that case, the administration told a federal judge it would submit plans for the project to the relevant federal oversight bodies.
The judge said he would hold a follow-up hearing on the White House’s process in January and declined to stop construction at the time.
Days later, the administration submitted formal applications and plans for the renovation project to the NCPC and the Commission of Fine Arts, a White House official confirmed to ABC News at the time.
In its filing in the case brought by the historic preservation group, the Justice Department argued that without a permanent ballroom, the White House can no longer meet the needs of the president as he fulfills his constitutional duty to “receive Ambassadors and other public Ministers.”
“It is entirely fitting, then, that the presidential residence and workplace be equipped for that purpose. Given modern needs, the White House is not,” the Justice Department argued.
Even as it determined in late August that the White House ballroom would have “no significant impact” on the surrounding grounds, the National Park Service did highlight some of the adverse effects of the project, presaging concerns that have since been echoed by preservationists, architects and designers.
“The new building’s larger footprint and height will dominate the eastern portion of the site, creating a visual imbalance with the more modestly scaled West Wing and Executive Mansion,” the NPS report noted. “Adding a second story to the East Colonnade will further modify the setting, contrasting with the single-story design of the West Colonnade and changing the traditional spatial organization and sightlines of the grounds.”
Such changes, the report indicated, “will adversely alter the design, setting, and feeling of the White House and grounds over the long-term,” while the destruction of the East Wing would result in “the permanent loss of a component that has been integral to White House operations since 1942.”
Still, the “environmental assessment” — prepared by the deputy director of the park service and signed by its comptroller — concluded that the benefits of a new ballroom for state functions would outweigh the adverse effects “by reducing reliance on temporary event infrastructure, minimizing wear on the grounds, and improving functionality for large gatherings.”
The White House announced the ballroom construction project in late July, and demolition began suddenly on the East Wing in late October, when workers were spotted tearing down the wing of the White House that contained the first lady’s offices.
Trump has repeatedly increased the size and cost of the construction 90,000 square foot ballroom project. Last month, he said it would cost $400 million, after an initial estimate of $200 million. The White House has said the project will be funded by private donations.
The president has also moved to fill both advisory boards supervising the ballroom project with his own aides and appointees.
He also spent some of his vacation working on the project: Last Friday in Florida, he visited Arc Stone & Tile, an Italian stone importer, and spent roughly an hour at the showroom before purchasing onyx and marble for the ballroom.
The White House expects to make its final presentations to the Commission of Fine Arts in February, and to the National Capitol Planning Commission in March, and will submit its final plan for the project by the end of January, a White House official told ABC News.
President Barack Obama and Russian President Dmitry Medvedev shake hands after signing the latest nuclear arms reduction treaty between the two countries, known as “new START”, at Prague Castle, April 8, 2010, in Prague, Czech Republic. (Getty Images)
(WASHINGTON) — The historic treaty binding the U.S. and Russia to limit their deployment of the world’s most dangerous nuclear weapons lapsed overnight with no clear indication from Washington or Moscow on whether new talks would take place.
President Donald Trump, who in September appeared to be warming to the idea of renewing the treaty, backtracked last month, saying he would be comfortable allowing it to expire and hoped any new agreement would involve other parties.
“You probably want to get a couple of other players involved, also,” Trump told the New York Times.
Secretary of State Marco Rubio said Wednesday that any new arms control pact should include China, even though Beijing’s nuclear stockpile is dramatically smaller than that of the U.S. and Russia and any ceiling a deal might set would not be symmetrical to China’s arsenal.
“The president’s been clear in the past that in order to have true arms control in the 21st century, it’s impossible to do something that doesn’t include China, because of their vast and rapidly growing stockpile,” Rubio said.
Dmitry Peskov, the spokesperson for Russian President Vladimir Putin, confirmed the agreement was expiring Thursday.
“We view this negatively and regret this development,” he said, adding an offer from Putin to extend the deal went unanswered.
Chinese Foreign Ministry spokesperson Lin Jian said his country would not take part in a trilateral arrangement.
“The nuclear forces of China and the U.S. are not on the same level at all, and it is neither fair nor reasonable to ask China to join the nuclear disarmament negotiations at this stage,” he said.
Last remaining arms control agreement
The New START treaty, which was struck between President Barack Obama and Russian President Dmitry Medvedev in 2010 and went into effect the following year, was the last remaining arms control pact in force between the two nations, limiting the deployment of nuclear-capable weapons systems like intercontinental ballistic missiles and bombers — and placing a limit on the number of nuclear warheads which could be activated.
The U.S. and Russia have remained under the numeric limits of the treaty, whose “whole value” is “to have predictability between the United States and Russia,” said Rose Gottemoeller, a former State Department official who served as America’s chief negotiator on New START.
The U.S. has accused Russia of violating the treaty after Moscow suspended inspection and verification mechanisms during the COVID-19 pandemic, but Washington never accused the Russians of failing to adhere to the limits.
“The fact of the legally binding treaty limits [itself] has placed the brakes on any Russian attempt to build up the deployed systems,” said Gottemoeller, adding the U.S. has intelligence capabilities to unilaterally understand whether Russia is breaking promises under the treaty.
In September, Russian President Vladimir Putin offered the U.S. a one-year extension of New START, which Trump initially called a “good idea.”
But the U.S. never officially responded, according to Yuri Ushakov, Putin’s foreign policy aide.
In a statement to ABC News, The White House said that “the President will decide the path forward on nuclear arms control, which he will clarify on his own timeline.”
Russia and China have demonstrated increasing nuclear capabilities in recent years, a NATO official told ABC News. For its part, Russia has adopted a “posture of strategic intimidation” in its nuclear rhetoric, the official added.
Putin has flexed Russia’s muscles on nuclear arms over the past year, touting emerging technologies like its Poseidon system, a nuclear-armed and nuclear-propelled torpedo that travels underwater. Tactical nuclear arms like the Poseidon system were not covered by New START’s provisions.
“Restraint and responsibility in the nuclear domain is crucial to global security,” the NATO official said.
A “handshake” agreement?
Putin’s offer in the fall amounted to what would be a “handshake between the two presidents to preserve the limits of the treaty” even after the treaty itself formally expired, said Gottemoeller, who was under secretary of state for arms control and international security when the deal was originally struck and later became NATO’s deputy secretary general.
While the administration has pointed to China as a reason to forgo New START in favor of a broader deal, Gottemoeller said a one-year stopgap deal would actually help the U.S. pursue its arms control agenda with Beijing.
A one-year extension “makes sense for one very important reason,” she said. “We need to keep the Russians under control over the coming year, while we try to plan and prepare for what we’re going to do to respond to the … Chinese nuclear buildup.”
Gottemoeller and Lynn Rusten, another former U.S. official who helped negotiate the New START treaty, told ABC News a trilateral deal with the Chinese would not make practical sense, since China’s 600 nuclear-capable weapons are dwarfed by Russian and American stockpiles that are each more than 4,000.
A Pentagon report in December assessed the Chinese stockpile could rise to more than 1,000 in 2030.
The State Department did not respond to an inquiry about diplomatic channels for new arms control agreements with either Beijing or Moscow.
The president, who said he had an “excellent” call Wednesday with Chinese President Xi Jinping, did not say whether nuclear arms were mentioned.
Change won’t be immediate
The early days of a world without the last remaining treaty limiting the world’s largest nuclear powers will not be immediately changed, the former officials said.
“I don’t think we’re going to wake up tomorrow and be in a completely different world,” said Rusten, who led the U.S. government’s interagency process during talks over New START. “But I do think there’s going to be some mirror imaging. So if one country starts to build up its forces beyond New START limits, the other is almost sure to follow.”
The U.S. will have to “plan and prepare” for the reality after New START, given the Russians have more experience and defense capacity — including “hot warhead production lines” in support of its war in Ukraine, said Gottemoeller.
Rusten said the U.S.’s understanding of Russia’s arsenal will “atrophy,” a risk over the long run.
“Over time, we’re going to have a less and less precise picture of exactly how many Russian nuclear forces there are and where they are,” she said.
The U.S. and Russia — and the U.S. and the Soviet Union before that — cooperated on arms control for decades, managing to carve out the issue from other diplomatic issues which frayed the rivals.
In a statement marking the end of New START, the Center for Arms Control and Non-Proliferation said decades of diplomacy between Washington and Moscow “helped reduce the global nuclear arsenal by more than 80% since the height of the Cold War.”
“Now,” the statement said, “both Russia and the United States have no legal obstacle to building their arsenals back up, and we could find ourselves reliving the Cold War.”