Congressional leaders are pushing back against the Trump administration's account of the killing of Alex Pretti, the 37-year-old U.S. citizen shot dead by federal officers during an immigration enforcement protest in Minneapolis Saturday.
Sen. Tina Smith, D-Minn., accused the administration of a "cover up" Sunday and said the federal government is ignoring a court order that allows state investigators to access evidence in Pretti's killing.
"Our state investigators had to get a warrant to have access to the evidence of the shooting of Alex Pretti," Smith said. "And even then, the federal agents refused to give them access to the evidence. So this looks very much like another cover up."
Pretti's killing has prompted strong bipartisan condemnation, a forceful defense from the Trump administration and the prospect of another government shutdown, this one over funding for the Department of Homeland Security. ICE is part of DHS.
DHS Secretary Kristi Noem said in a reported statement Saturday that her department will lead the investigation into the killing. Meanwhile, Minneapolis Police Chief Brian O'Hara told CBS News Sunday that his department hasn't received any cooperation or information from the federal government.
Sen. Thom Tillis, R-N.C., warned the Trump administration against any attempt to shut out local and state law enforcement from the investigation.
"There must be a thorough and impartial investigation into yesterday's Minneapolis shooting," Tillis said in a post Sunday morning. "Any administration official who rushes to judgment and tries to shut down an investigation before it begins are doing an incredible disservice to the nation and to President Trump's legacy."
Sen. Bill Cassidy, R-La., also called for a "full joint federal and state investigation" and said the "credibility of ICE and DHS are at stake" in a statement.
On Sunday, Trump administration officials continued to defend the federal agents who killed Pretti. The head of President Trump's immigration operation, Border Patrol Commander Greg Bovino, told CNN that the federal agents are "the victims" and said Pretti "perpetrated violence" during an active immigration enforcement operation.
"That suspect injected himself into that law enforcement situation with a weapon," Bovino said.
The video evidence and eyewitness accounts that have surfaced so far refute that assertion. There has been no evidence that NPR has verified of Pretti brandishing his handgun at any time during the encounter with federal agents.
On Saturday, Trump-appointed U.S. Attorney Bill Essayli said if a U.S. citizen approaches law enforcement with a gun, federal officers "will be legally justified in shooting you."
The powerful National Rifle Association and Rep. Thomas Massie, R-Ky., criticized Essayli.
"Carrying a firearm is not a death sentence, it's a Constitutionally protected God-given right, and if you don't understand this you have no business in law enforcement or government," Massie said on X.
Chair of the House Oversight Committee James Comer, R-Ky., suggested Sunday that Trump remove ICE from Minneapolis because local law enforcement aren't cooperating .
"If the mayor and the governor are going to put our ICE officials in harm's way, and there's a chance of losing more innocent lives or whatever, then maybe go to another city and let the people of Minneapolis decide do we want to continue to have all of these illegals," Comer said on Fox News.
Congressional criticism of the White House from even a small number of House and Senate Republicans has been rare in Trump's second presidency. But it remains unclear what if anything the GOP-led Congress will do to force a local and federal investigation.
Meanwhile, Senate Democrats are poised to block government funding in response to the Minnesota killings by DHS officers.
Both the House and Senate have passed full-year funding for only some parts of the federal government — such as the Commerce, Justice, and Interior departments. But funding for some of the country's largest departments, like the Pentagon or DHS, have yet to pass the Senate.
Last week, the House passed measure to fund these remaining departments. In the Senate, Republicans will need Democrats to pass the funding package — which requires at least 60 votes to advance.
"When they're killing two constituents in my state, and they're taking 2-year-olds out of the arms of their moms, and they are taking an elder Hmong man out of his house and putting him out there in his underwear and then figuring out they have the wrong man," Sen. Amy Klobuchar, D-Minn., said on NBC News Sunday. "No, I am not voting for this funding."
On Saturday, Senate Minority Leader Chuck Schumer said Democrats would not vote to advance the spending package if it includes DHS funding.
Senate Democrats are set to hold a conference call Sunday evening to discuss their legislative strategy, according to two sources familiar with the plans but not authorized to share details publicly. If any changes are made to the spending package, the House would have to return to Capitol Hill and approve the Senate changes.
The funding deadline is Friday.
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