‘Significant’ expansion of nuclear waste compensation now in Trump’s megabill

‘Significant’ expansion of nuclear waste compensation now in Trump’s megabill
‘Significant’ expansion of nuclear waste compensation now in Trump’s megabill
Kayla Bartkowski/Getty Images

(WASHINGTON) — For years, Republican Sen. Josh Hawley has been the face of a fight in Congress to reauthorize and expand access to the Radiation Exposure Compensation Act (RECA), which provides compensation to individuals exposed to nuclear waste. Now, Hawley has announced a breakthrough: reauthorization and expansion of the program in the Senate’s version of the “One Big Beautiful Bill.”

If the Senate’s version of the bill is finally adopted, it will include in it the largest expansion of the program since its inception in 1990, allowing individuals in regions of Missouri, Tennessee, Kentucky and Alaska, as well as the already-qualified “downwinders” exposed to nuclear radiation from the testing of the atomic bomb, to be compensated for exposure to toxic waste.

In an exclusive phone interview with ABC News Thursday night, Hawley called the inclusion of the RECA provisions in the Senate’s version of the megabill advancing President Donald Trump’s legislative agenda a “huge step forward” in the fight to secure compensation for individuals affected by nuclear exposure.

“This will be, if we can get the Big Beautiful Bill passed, this will be a huge huge victory,” the Missouri Republican said during the phone call.

The proposed reauthorization of RECA will be included in the Senate Judiciary Committee’s portion of the reconciliation package. In addition to expansion and reauthorization, the proposal also allows for claims to be used for increased levels of atmospheric testing and adds uranium mine workers who worked in the mines from 1971-1990 to be eligible for benefits under the bill.

“There will be more to do,” Hawley said. “But this is a very very significant expansion.”

Hawley has been engaged in attempting to reauthorize RECA for several years. Some of his constituents in St. Louis are affected by nuclear waste from the Manhattan Project that is currently stored in the West Lake Landfill in Bridgeton, Missouri.

One of those constituents is Dawn Chapman, who lives within miles of the West Lake Landfill and whose son and husband both suffer from autoimmune diseases as a result of exposure to the toxic waste near their home. Chapman has been to Capitol Hill several times over the last few years to advocate for families like hers.

“Tonight, we know we are not alone,” Chapman told ABC News Thursday. “With the help of Sen. Hawley and our community members as well as our other bipartisan REA family, we have been able to turn the lights back on, and make RECA bigger to cover more communities.”

For those affected by nuclear exposure, Hawley said he hopes this moment shows that the country is standing beside them.

“I think it really is an incredible sign that the country is with them,” Hawley said. “I think now this is a measure of vindication. It is a measure of appreciation.”

The Senate has twice passed an expansion and reauthorization of RECA with bipartisan support, but the bill has failed to gain traction in the House, in part due to concerns about the very high price tag originally estimated by the Congressional Budget Office. That price tag has been refuted by proponents of the bill, and they’ve taken steps to modify it to lower the cost.

With further review and with programs set to sunset in 2028, the price tag should, Hawley said, fit well within the funds allocated to the Judiciary Committee to craft their portion of the reconciliation package. The CBO has not yet scored this portion of the package.

The Senate will still need to maneuver these provisions through the Senate’s procedural rules test as well as the finnicky Senate GOP conference, but Hawley said Majority Leader John Thune has been an ally in including the RECA language in the package. Thune’s support could be critical to keeping the language in the bill.

“It would not be in this mark were it not for him and his commitment to putting it into reconciliation. He has been a terrific partner,” Hawley said.

House Speaker Mike Johnson has also conveyed that he “wants to pass the RECA bill,” Hawley said. Inclusion in the bill would make it difficult for House Republicans to reject RECA provisions, given that the package is massive and includes many other GOP priorities.

Hawley said he has spoken with Trump about the move to include this legislation in the tax and immigration bill.

“He’s been very involved in everything, and he and I have talked about the RECA program before on many occasions, we are glad for his involvement in all of this,” Hawley said of his conversations with Trump.

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Trump tells ABC Israel strikes on Iran ‘excellent’ and warns ‘more to come’

Trump tells ABC Israel strikes on Iran ‘excellent’ and warns ‘more to come’
Trump tells ABC Israel strikes on Iran ‘excellent’ and warns ‘more to come’
Fatemeh Bahrami/Anadolu via Getty Images

(WASHINGTON) — In the wake of a series of strikes by Israel on Iran’s nuclear sites, potentially pushing the Middle East to the brink of an all-out conflict, President Donald Trump told ABC News he thought the attacks had been “excellent” and suggested there was “more to come.”

On Thursday, Israel hit dozens of sites inside Iran, saying the country had enriched enough fissile material for several nuclear bombs. Israel also targeted Iran’s ballistic missile capabilities, which Prime Minister Benjamin Netanyahu said could carry a nuclear payload.

“I think it’s been excellent,” Trump told ABC News’ Chief Washington Correspondent Jonathan Karl. “We gave them a chance and they didn’t take it. They got hit hard, very hard. They got hit about as hard as you’re going to get hit. And there’s more to come. a lot more.”

Trump declined to comment on whether the U.S. participated in the attack in any way. On Thursday night, the White House released a statement from Secretary of State Marco Rubio in which he said “Israel took unilateral action against Iran. We are not involved in strikes against Iran and our top priority is protecting American forces in the region.”

Trump has been focused on securing a nuclear agreement with Iran and talks were set to take place in Oman on Sunday. Earlier Thursday, Trump said he believed the U.S. was “fairly close” to a deal and didn’t want Israel “going in” fearing that strikes could “blow it.”

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Democrats condemn Sen. Alex Padilla’s treatment at Noem news conference

Democrats condemn Sen. Alex Padilla’s treatment at Noem news conference
Democrats condemn Sen. Alex Padilla’s treatment at Noem news conference
ABC News

(WASHINGTON) — Democrats expressed outrage after Democratic Sen. Alex Padilla of California was forcibly removed from Homeland Security Secretary Kristi Noem’s news conference on Thursday in Los Angeles, taken to the ground and handcuffed by law enforcement officers.

Noem was speaking to the media about the federal response to protests against Immigration and Customs Enforcement raids in the area when Padilla entered the room and approached Noem’s podium. As he approached, police officers in the room grabbed the senator, rushed him out of the room into a hallway, forced him to the ground and handcuffed him.

Video shows Padilla, the ranking member of the Senate Judiciary Committee’s Subcommittee on Immigration, Citizenship, and Border Safety, identifying himself and saying he wanted to ask a question as law enforcement forced him out of the room.

Padilla was later seen without handcuffs speaking to Noem in a conference room. Noem said later that the two spoke for 10 to 15 minutes and exchanged phone numbers. Noem said she didn’t expect him to be charged.

Noem said law enforcement reacted because he took steps toward her without identifying himself. She told Fox News that no one knew who he was and that he was “lunging forward.”

Video of the incident captures Padilla identifying himself as he is pushed out of the room; it’s not clear if he did before the incident or as he approached the podium.

Padilla later told reporters that he attended the news conference because Homeland Security had not been answering his questions about the administration’s deportation and immigration policies.

“And so I came to the press conference to hear what she had to say, to see if I could learn any new additional information,” the senator said, emphasizing that he was there peacefully.

DHS spokesperson Tricia McLaughlin alleged Padilla did not identify himself before approaching the podium.

“Senator Padilla chose disrespectful political theatre and interrupted a live press conference without identifying himself or having his Senate security pin on as he lunged toward Secretary Noem,” she said in a post on X. “Mr. Padilla was told repeatedly to back away and did not comply with officers’ repeated commands. @SecretService thought he was an attacker and officers acted appropriately.”

Noem told Fox News that she would have preferred to have talked with Padilla, “but coming into a press conference like this is political theater.”

“We sat down and had a conversation and we probably disagree on 90% of the topics but we agreed and exchanged phone numbers and we will continue to talk and share information and that is the way it should be in this country. I wish he would’ve acted that way in the beginning is that of creating a scene like this

Padilla’s Democratic colleagues were critical of the way he was treated.

“I just saw something that sickened my stomach — the manhandling of a United States senator. We need immediate answers to what the hell went on,” Senate Minority Leader Chuck Schumer said.

California Gov. Gavin Newsom called Padilla “one of the most decent people I know.”

“This is outrageous, dictatorial, and shameful,” Newsom wrote on X. “Trump and his shock troops are out of control. This must end now.”

Los Angeles Mayor Karen Bass posted on X, “What just happened to @SenAlexPadilla is absolutely abhorrent and outrageous.”

Fellow California Sen. Adam Schiff called the actions against Padilla an “assault” on democracy.

“This is an administration that has no respect for our democracy, for our institutions, for the separation of powers, for a co-equal branch of government,” he said.

House Minority Leader Hakeem Jeffries told reporters the way Padilla was handled was a “complete and total disgrace.”

“[Senator Padilla] was at that press conference doing his job, asking questions about what is taking place in California, the state that he represents and on behalf of the American people, and he was recklessly and aggressively manhandled. That was unacceptable. It was unconscionable. It was unpatriotic. It’s un-American, and every single person who was involved in manhandling Senator Padilla should be held accountable to the full extent of the law,” he told reporters.

Jeffries said Democrats would “push back aggressively in every way possible” to hold this administration accountable.

The Congressional Hispanic Caucus also demanded an investigation into the incident.

“This is unacceptable, full stop,” the CHC posted on X. “@SenAlexPadilla attended an open press conference to engage in debate, to represent his state, to do his job. We demand a full investigation and consequences for every official involved in this assault against a sitting US senator.”

Former Vice President Kamala Harris called the incident “a shameful and stunning abuse of power.”

On the Senate floor, Democratic Sen. Patty Murray said, “It is unacceptable that a United States senator, in his elected home state, elected by millions of people, went to ask a question for his constituents to get an answer, and brutally thrown to the ground and handcuffed. That is wrong.

“What happens when that voice was stifled? What happens when that voice is thrown to the ground and handcuffed? That voice is lost,” she said.

Members of the Hispanic Caucus later barged into the offices of Speaker Mike Johnson and Senate Majority Leader John Thune. Democrats from the California congressional delegation rushed to the House steps to condemn the incident.

“This assault on Senator Padilla today was an assault on freedom of speech in our country,” former Speaker Nancy Pelosi said there.

Rep. Zoe Lofgren, chair of the California congressional delegation, called the incident an “outrage,” and suggested it was akin to “what it felt like to be in Germany in 1930.”

California Rep. Jimmy Gomez called for Noem to testify before Congress.

“A senior senator who was shouting at the top of his lungs, ‘I am Senator Alex Padilla,'” Gomez said. “And what we want to know — we’re going to ask for and demand that Kristi Noem come before Congress and testify about what occurred today.”

A statement from Padilla’s office said he was in the building to receive a briefing from NORTHCOM commander Gen. Gregory Guillot and was listening to Noem’s news conference.

“He tried to ask the Secretary a question, and was forcibly removed by federal agents, forced to the ground and handcuffed. He is not currently detained, and we are working to get additional information,” the statement said.

House Speaker Mike Johnson admonished Padilla, calling the senator’s behavior “wildly inappropriate,” adding, “You don’t charge a sitting Cabinet secretary.”

“I think there needs to be a message sent by the body as a whole that that is not what we’re going to do. That’s not how we’re going to act,” he said during a news conference on an unrelated matter that was interrupted by Democratic members shouting “You lie!” as they marched to Thune’s office to protest the incident.

ABC News’ Arthur Jones II contributed to this report.

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Democratic governors Pritzker, Walz, Hochul face contentious House hearing over ‘sanctuary states’ policies

Democratic governors Pritzker, Walz, Hochul face contentious House hearing over ‘sanctuary states’ policies
Democratic governors Pritzker, Walz, Hochul face contentious House hearing over ‘sanctuary states’ policies
Illinois Gov. JB Pritzker. Disney/Randy Holmes

(WASHINGTON) — The high-profile Democratic governors of Illinois, Minnesota and New York are defending their states’ immigration policies in a Republican-led House Oversight Committee on Thursday — weighing in on the ongoing Los Angeles protests over immigration enforcement.

JB Pritzker of Illinois, Tim Walz of Minnesota and Kathy Hochul of New York are taking questions from the House panel — many dealing with their policies as so-called “sanctuary states.” Their testimony comes as another Democratic-led state — California — is grappling with a slew of immigration-related protests that triggered President Donald Trump to deploy U.S. Marines and the National Guard to the area.

The governors slammed Trump’s decision to deploy troops to Los Angeles, with Hochul saying it “undermines sovereignty.”

“It’s basically saying the highly training individuals … can’t handle their jobs,” Hochul said, adding it’s an “overreach of epic proportions.”

Pritzker added that the decision goes against typical protocol, which “tends to have an inflaming effect.”

The hearing kicked off with a fiery statement from Ranking Member Stephen Lynch attacking Trump and his administration for their immigration policies. Referencing the Los Angeles protests, Lynch said deploying the military against civilians is “wrong.”

“If we don’t step up, it will continue. If we don’t step up, other citizens will meet the same fate,” the Massachusetts Democrat said.

During the hearing, House Republicans have slammed the governors, citing examples where illegal immigrants committed crimes in their states and the governors didn’t assist in effectively removing them.

Sanctuary states still enforce U.S. federal immigration laws, but the term often refers to a limited collaboration with U.S. Immigration and Customs Enforcement while enacting policies that are more favorable to undocumented people.

The governors have fired back, saying immigration in the country is managed by the federal government.

House Oversight Chair James Comer requested in April that these Democratic governors testify, claiming that the “Trump administration is taking decisive action to deport criminal illegal aliens from our nation, but reckless sanctuary states like Illinois, Minnesota, and New York are actively seeking to obstruct federal immigration enforcement.”

“The governors of these states must explain why they are prioritizing the protection of criminal illegal aliens over the safety of U.S. citizens, and they must be held accountable,” Comer said in a media advisory for the upcoming hearing.

A spokesperson for the Democratic Governors Association also suggested that their leaders are focused on governing rather than spending time on “political stunts.”

“While Republicans in D.C. spend their time pulling political stunts, Democratic governors are busy getting real things done for their states, lowering costs, and keeping people safe,” Johanna Warshaw, a spokesperson for the group, said in a statement.

In March, the Oversight Committee held another newsy hearing with “sanctuary city” mayors including Boston Mayor Michelle Wu, Chicago Mayor Brandon Johnson, Denver Mayor Mike Johnston and New York City Mayor Eric Adams. Those leaders defended their actions on immigration enforcement while Republicans on the committee accused them of increasing crime by defying Trump administration immigration policies.

On Wednesday, House Oversight Republicans released a three-minute digital ad to show “how sanctuary polices do not protect Americans,” which features buzzy news broadcasts about immigration-adjacent crimes, testimony from mayors earlier this spring at the “sanctuary cities” House hearing and video clips of Pritzker, Walz and Hochul speaking about immigration policy.

“Sanctuary governors are shielding CRIMINAL ILLEGAL ALIENS, then pretending the consequences don’t exist. Tomorrow Hochul, Walz, and Pritzker will be in the hot seat as their policies cause CHAOS in their states. Here’s what they don’t want you to see,” the Committee’s official account posted on X.

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Supreme Court says family can sue over wrong-house raid by FBI

Supreme Court says family can sue over wrong-house raid by FBI
Supreme Court says family can sue over wrong-house raid by FBI
Andrew Harnik/Getty Images

(WASHINGTON) — The Supreme Court on Thursday issued a unanimous decision in favor of a Georgia family whose home was wrongly raided by the FBI and was unable to sue for damages because of law enforcement immunity.

The court said their case can proceed under an exception in the law. Justice Neil Gorsuch delivered the opinion.

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

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Senate Democrats demand probe of Ed Martin’s pledge to ‘shame’ Trump’s opponents, other actions at DOJ

Senate Democrats demand probe of Ed Martin’s pledge to ‘shame’ Trump’s opponents, other actions at DOJ
Senate Democrats demand probe of Ed Martin’s pledge to ‘shame’ Trump’s opponents, other actions at DOJ
Craig Hudson For The Washington Post via Getty Images

(WASHINGTON) — Democrats on the Senate Judiciary Committee are pushing for an investigation into top Justice Department official Ed Martin over his stated plans to “shame” political opponents of President Donald Trump who he’s unable to charge criminally, as well as a host of other politically charged matters Martin has publicly pledged to pursue in his new position.

“I write to express my grave concern about Ed Martin’s stated intention to abuse his new roles as lead of the so-called “Weaponization Working Group” you constituted at the Department of Justice (DOJ) and as DOJ’s Pardon Attorney,” Sen. Dick Durbin, the ranking member of the Judiciary Committee, said in a letter transmitted to the Justice Department, which was first obtained by ABC News. “Following his disgraceful tenure as Interim U.S. Attorney for the District of Columbia, Mr. Martin apparently plans to continue his misconduct in his new roles at DOJ.”

The DOJ did not immediately respond to an ABC News request for comment on the letter.

Martin’s controversial tenure as the interim U.S. Attorney for Washington, D.C., in the opening months of Trump’s presidency thrust the office into turmoil and led several Senate Republicans to state publicly they wouldn’t support his permanent confirmation in the role.

But once the White House announced they were pulling Martin’s nomination, Trump said Martin would instead be appointed to several top positions working out of DOJ’s main headquarters — serving as an associate deputy attorney general, the U.S. pardon attorney and director of the so-called “Weaponization Working Group.”

Martin celebrated the news on his X account, posting ‘Eagle Unleashed,’ and in various interviews celebrated what he described as a mandate from Trump directly to target the alleged ‘weaponization’ of the department under the Biden administration.

“It’s classic Donald Trump, right? That somebody tries to block him and block his pick, and he decides to double down,” Martin told Breitbart News last month. “This is probably the greatest job I could ever envision.”

In a news conference announcing his departure from the D.C. U.S. Attorney’s Office, Martin confirmed he planned to launch a probe of last-minute pardons issued by former President Joe Biden just before he left office — and suggested that officials he’s unable to charge would instead be publicly “shamed.”

“There are some really bad actors, some people that did some really bad things to the American people,” Martin said. “And if they can be charged, we’ll charge them. But if they can’t be charged, we will name them … And in a culture that respects shame, they should be people that are shamed. And that’s a fact. That’s the way things work. And so that’s how I believe the job operates.”

The approach would directly conflict with longstanding DOJ policy that prohibits prosecutors from naming or disparaging individuals who they don’t intend to charge criminally.

When asked about that policy by ABC News during the news conference, Martin said he would “have to look at what the provision you’re referring to, to see — we want to square ourselves with doing the things correctly.”

The letter from Senate Democrats said Martin’s statements “are a brazen admission that Mr. Martin plans to systematically violate the Justice Manual’s prohibition on extrajudicial statements by shaming uncharged parties for nakedly partisan reasons. Weaponizing DOJ in this manner will further undermine the public’s trust in the department in irreparable ways.”

In his early days as pardon attorney, Martin said he advised the president in his pardon of former Virginia county sheriff Scott Jenkins, who had been sentenced to ten years in prison for a federal bribery conviction.

“No MAGA left behind,” Martin posted on X in response to the pardon.

Durbin’s letter further cited reports Martin has “personally advocated” fast-tracking pardons for members of the Proud Boys and Oath Keepers who were convicted of seditious conspiracy stemming from their roles leading up to the attack on the Capitol, after President Trump initially opted to commute their sentences in his sweeping clemency action for the nearly 1600 individuals charged in connection with Jan. 6.

Durbin’s letter requests Bondi provide a host of records related to Martin’s appointment and early days as head of the Weaponization Working Group and Pardon Attorney’s Office. It’s unclear whether DOJ will ultimately respond to Durbin’s demands given Democrats’ minority position on the committee.

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Democratic governors Pritzker, Walz, Hochul testify before House GOP panel about immigration policy

Democratic governors Pritzker, Walz, Hochul face contentious House hearing over ‘sanctuary states’ policies
Democratic governors Pritzker, Walz, Hochul face contentious House hearing over ‘sanctuary states’ policies
Illinois Gov. JB Pritzker. Disney/Randy Holmes

(WASHINGTON) — The House Oversight Committee is hearing from the high-profile Democratic governors of Illinois, Minnesota and New York on Thursday during a timely hearing about their states’ immigration policies that some members of the Republican-led committee call “sanctuary” policies that they claim shield criminal illegal aliens from immigration enforcement.

JB Pritzker of Illinois, Tim Walz of Minnesota and Kathy Hochul of New York are appearing at a closely watched hearing that comes as another Democratic-led state — California — is grappling with a slew of immigration-related protests that triggered President Donald Trump to deploy U.S. Marines and the National Guard to the area.

House Oversight Chair James Comer requested in April that these Democratic governors testify, claiming that the “Trump administration is taking decisive action to deport criminal illegal aliens from our nation, but reckless sanctuary states like Illinois, Minnesota, and New York are actively seeking to obstruct federal immigration enforcement.”

“The governors of these states must explain why they are prioritizing the protection of criminal illegal aliens over the safety of U.S. citizens, and they must be held accountable,” Comer said in a media advisory for the upcoming hearing.

Sanctuary states still enforce U.S. federal immigration laws, but the term often refers to a limited collaboration with U.S. Immigration and Customs Enforcement while enacting policies that are more favorable to undocumented people.

The Democratic governors have been preparing to testify and getting ready to defend their records on immigration and public safety, according to hearing material reviewed by ABC News. They’ll also highlight how their states cooperate with federal immigration enforcement. 

“Despite the rhetoric of Republicans in Congress, Governor Pritzker will share facts about how this bipartisan public safety law is fully compliant with federal law and ensures law enforcement can focus on doing their jobs well,” a spokesperson for the Illinois governor said in a statement ahead of the hearing.

Also ahead of the hearing, the state of Illinois retained outside counsel to provide expertise in order to respond to the committee’s requests, the spokesperson said, claiming that “congressional Republicans are wasting taxpayer dollars all to find out that Illinois has always followed the law.”

A spokesperson for the Democratic Governors Association also suggested that their leaders were focused on governing rather than spending time on “political stunts.”

“While Republicans in D.C. spend their time pulling political stunts, Democratic governors are busy getting real things done for their states, lowering costs, and keeping people safe,” Johanna Warshaw, a spokesperson for the group, said in a statement.

In March, the Oversight Committee held another newsy hearing with “sanctuary city” mayors including Boston Mayor Michelle Wu, Chicago Mayor Brandon Johnson, Denver Mayor Mike Johnston and New York City Mayor Eric Adams. Those leaders defended their actions on immigration enforcement while Republicans on the committee accused them of increasing crime by defying Trump administration immigration policies.

On Wednesday, House Oversight Republicans released a three-minute digital ad to show “how sanctuary polices do not protect Americans,” which features buzzy news broadcasts about immigration-adjacent crimes, testimony from mayors earlier this spring at the “sanctuary cities” House hearing and video clips of Pritzker, Walz and Hochul speaking about immigration policy.

“Sanctuary governors are shielding CRIMINAL ILLEGAL ALIENS, then pretending the consequences don’t exist. Tomorrow Hochul, Walz, and Pritzker will be in the hot seat as their policies cause CHAOS in their states. Here’s what they don’t want you to see,” the Committee’s official account posted on X.

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Elon Musk called Trump before conveying his ‘regret’ for some of his posts about him, sources say

Elon Musk called Trump before conveying his ‘regret’ for some of his posts about him, sources say
Elon Musk called Trump before conveying his ‘regret’ for some of his posts about him, sources say
Isaac Wasserman/NCAA Photos via Getty Images

(WASHINGTON) — Elon Musk called President Donald Trump on Monday night, two sources familiar with the conversation told ABC News, after their bitter public feud last week.

Musk posted on X early Wednesday morning, “I regret some of my posts about President @realDonaldTrump last week. They went too far.”

Musk, however, did not not clarify which posts he was referring to in his statement. The posts included slamming Trump for “ingratitude” over the 2024 election, agreeing with a call for Trump’s impeachment, knocking the president’s “big, beautiful bill” signature legislation, and even claiming Trump was in the Jeffrey Epstein files.

Musk’s call with Trump came after Vice President JD Vance and White House chief of staff Susie Wiles spoke with the billionaire late last week and urged him to end the feud, sources familiar with the call told ABC News.

The president had previously told Vance to speak diplomatically when asked about Musk publicly, according to a White House official.

The White House declined to comment.

In her press briefing on Wednesday, White House press secretary Karoline Leavitt would not comment on whether the relationship would be reconciled.

“The president acknowledged the statement that Elon put out this morning and he is appreciative of it. And we are continuing to focus on the business of the American people,” Leavitt said.

Last Friday, Trump told ABC News Chief Washington Correspondent Jonathan Karl that Musk was a “man who has lost his mind.”

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

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Photos show National Guard with rifles on ICE enforcement missions

Photos show National Guard with rifles on ICE enforcement missions
Photos show National Guard with rifles on ICE enforcement missions
David McNew/Getty Images

(LOS ANGELES) — There are currently 4,100 California National Guardsmen and 700 Marines in the greater Los Angeles area after President Donald Trump ordered them to protect federal buildings and federal law enforcement as protests opposed to ICE raids increased over the weekend.

Most of the attention has been focused on the crowd control assistance that these troops could provide around federal buildings, but Trump’s memo calling up National Guardsmen also said they would “temporarily protect ICE and other United States Government personnel who are performing Federal functions, including the enforcement of Federal law.”

On Tuesday, the X page for U.S. Immigration and Customs Enforcement (ICE) posted photos of California National Guardsmen on the scene of a detention being carried out by an ICE agent with the caption “Photos from today’s ICE Los Angeles immigration enforcement operation.”

One of the photos was later reposted by Defense Secretary Pete Hegseth’s personal X account with the caption “This We’ll Defend.”

A U.S. official told ABC News that the photos showed National Guardsmen providing force protection to federal personnel and were not conducting law enforcement duties.

The Posse Comitatus Act prevents active-duty U.S. military personnel from carrying out domestic law enforcement duties though that restriction can be lifted when a president invokes the Insurrection Act, which President Trump has not done.

In the photos, the National Guardsmen were armed with rifles but it was unclear if they were loaded with ammunition. ABC News has previously reported that while the federalized troops are carrying weapons, their guns will not have ammunition loaded in the chamber, according to U.S. officials. But they will carry ammunition as part of their regular uniforms that can be used in the rare case of needed self-defense.

California Democratic Gov. Gavin Newsom and the state of California have asked a federal court to stop the Trump administration from using federalized National Guardsmen and Marines to accompany ICE agents on immigration raids saying it will “escalate tensions” and raises questions if the force protection they are providing constitutes law enforcement duties which they are not allowed to do by federal law.

“Defendants intend to use unlawfully federalized National Guard troops and Marines to accompany federal immigration enforcement officers on raids throughout Los Angeles,” said the lawsuit filed by California Attorney General Rob Bonta on behalf of Newsom. “They will work in active concert with law enforcement, in support of a law enforcement mission, and will physically interact with or detain civilians.”

“To preserve the peace, Plaintiffs respectfully urge the Court to grant the circumscribed emergency relief requested through this motion for a temporary restraining order, which will prevent the use of federalized National Guard and active duty Marines for law enforcement purposes on the streets of a civilian city,” the motion requested.

A hearing on the state’s motion will be held on Thursday.

On Tuesday, Hegseth told a congressional committee that he and President Trump have the power to send National Guard and active-duty troops anywhere in the country to ensure that ICE agents can enforce the law.

“We believe that ICE, which is a federal law enforcement agency, has the right to safely conduct operations in any state, in any jurisdiction in the country,” Hegseth told a House Appropriations Defense subcommittee.

“ICE ought to be able to do its job, whether it’s Minneapolis or Los Angeles,” he added.

On Wednesday, testifying before a Senate Appropriations subcommittee, Hegseth again defended using troops with ICE agents on immigration raids, saying it was needed to keep them from being attacked.

Democratic Sen. Jack Reed shot back, calling it “illegal.”

“Law and order is a civil function under the Constitution of the United States — civil enforcement, law enforcement authorities — not the U.S. military,” Reed said.

“This is not only, I think, illegal, but also a diminution of the readiness and focus of the military,” he added.

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Trump’s attorney asks judges to move appeal of NY hush money conviction to federal court

Trump’s attorney asks judges to move appeal of NY hush money conviction to federal court
Trump’s attorney asks judges to move appeal of NY hush money conviction to federal court
Anna Moneymaker/Getty Images

(NEW YORK) — President Donald Trump’s challenge to his “one of a kind” felony hush money conviction in New York should be removed from state appellate courts and heard in federal court, an attorney for the president argued Wednesday.

Just over a year after Trump became the first former president to be found guilty of a felony, the U.S. Court of Appeals for the 2nd Circuit heard arguments Wednesday on Trump’s efforts to move his appeal of the verdict from state court to federal court.

“The federal officer is entitled to a federal forum, not to have those arguments heard in state court,” attorney Jeffrey Wall told the three-judge panel. “And if that’s true for a normal federal officer in a normal criminal prosecution, it certainly ought to be true for the president of the United States and for what we can all recognize is an anomalous one of its kind prosecution.”

Trump was convicted last year on 34 felony counts after Manhattan prosecutors alleged that he engaged in a “scheme” to boost his chances during the 2016 presidential election through a series of hush money payments to adult film actress Stormy Daniels, and then falsified New York business records to cover up that alleged criminal conduct.

New York Judge Juan Merchan, on the eve of Trump’s inauguration, sentenced him to an unconditional discharge — the lightest possible punishment allowed under New York state law — saying it was the “only lawful sentence” to prevent “encroaching upon the highest office in the land.”

At Wednesday’s hearing, an attorney for the Manhattan district attorney’s office, Steven Wu, argued that it’s now too late to move the case.

“After sentencing, removal is no longer available,” Wu said during oral arguments.

Wu also argued the purpose of removal is to decide where to hold the trial.

“It is not to divert a state criminal proceeding into a federal court for direct appellate review,” Wu said.

Wall, who served as an acting solicitor general in Trump’s first administration, argued that the time limit to ask for removal to federal court does not apply if Trump can show good cause.

“Why shouldn’t we be looking for some more specific signs that Congress actually intended this?” Judge Susan Carney asked.

“It’s the first-ever prosecution by a district attorney of a president,” Wall responded. “As long as you have colorable federal defenses, and it has something to do with your job, you get to come into federal court notwithstanding the state’s interest.”

Trump’s lawyers have argued that the conduct at issue during his criminal trial included “official acts” undertaken while he was president, and that the Supreme Court’s landmark ruling last year granting the president immunity for official acts — which was decided after Trump was convicted in May — would have prevented prosecutors from securing their conviction.

“There was evidence that came in at trial that triggered federal immunity,” Wall told the appellate panel.

Wu countered that the evidence offered involved discussion about a crime that related to Trump’s actions before he became president.

“It’s a highly unusual case, would you agree with that?” Judge Raymond Lohier asked.

“This defendant is a very unusual defendant,” Wu conceded — but he argued that should not automatically usurp the state’s interest in enforcing its laws.

The judges did not immediately rule, but said they would take the arguments under advisement.

If the appeals court grants Trump’s request, his conviction would still remain. The only change is that his appeal will play out in a federal, rather than state, courtroom. In either scenario, Trump could ultimately ask the U.S. Supreme Court to intervene.

Although Trump has in the past asserted that, as president, he would have the right to pardon himself for federal offenses, Pace University Law School professor Bennett Gershman told ABC News that would not apply in this case.

“It’s still a state crime — you’re now just talking about where the case is litigated,” Gershman said. “I’m not even sure that pardoning yourself is even allowed, but that’s an open question that’s never been addressed.”

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