For thieves looking to strip Los Angeles for parts, copper has become a fast-moving currency.
The problem has become so persistent that the Los Angeles Department of Water and Power is now asking for its own armed police force to protect vulnerable utility equipment, street lighting and critical infrastructure, insisting that the department’s contracted and unarmed security guards aren’t cutting it.
“They lack the authority to detain or arrest suspects, intervene in crimes in progress, conduct searches, or carry firearms for enforcement purposes,” according to a May 21 report from the city agency. “Delays hinder timely intervention, reduce investigative effectiveness, and contribute to repeat victimization of LADWP facilities.”
Under DWP’s current “observe and report” security model, an officer who sees someone cutting a fence or stripping copper from a transformer has little authority apart from yelling a warning or making a 911 call, according to the department report.
The proposal asks for 20 to 50 sworn officers to start, hired over a five-year period, along with support staff. If approved, the force would give the agency’s officers the authority to carry a firearm, make arrests and investigate thefts. The plan was scheduled to be discussed Thursday by the City Council.
The push comes as citywide service requests for streetlight repairs have surged over the last several years.
L.A.’s historic streetlights outside the Bureau of Street Lighting near Virgil Avenue and Santa Monica Boulevard.
(Jason Armond/Los Angeles Times)
The city logged 14,328 electronic streetlight service requests in 2018, according to data from the Bureau of Street Lighting. Requests have tripled since then, reaching an all-time high of 46,079 in 2024, the last full year of available data.
Mayor Karen Bass’ office said in March that copper thefts are a leading cause of streetlight outages. Repairs have been backlogged for months.
Prices for the metal are at an all-time high, driven by major supply disruptions in Indonesia and Chile, and soaring demand from artificial intelligence data centers and electric grid infrastructure. Thieves typically exchange the metal for cash at recycling centers, where it can fetch up to $5.30 per pound. The City Council last year approved a program offering up to $5,000 for information in metal and wire theft cases.
Theft losses alone exceed $1 million annually, according to DWP.
Establishing a new police force would require changing the city charter, meaning voters will have a say come the November midterm elections. Authorities will also need to obtain state legislative approval for the plan.
Officials said rolling out the police department would cost $9.7 million over three years, plus up to $6 million annually to pay for staffing. They maintain those costs are less than the $46 million combined DWP spends each year on private security contractors and unarmed staff security.
On Hill Street in downtown L.A., streetlights have been targeted by thieves and vandals.
(Jason Armond/Los Angeles Times)
Any cost overflows would be paid for by DWP customers.
Timothy O’Connor, executive director for the Los Angeles Office of Public Accountability, a spending watchdog, said his office is not convinced that the agency could minimize long-term cost creep, or that the new force would offset enough costs to justify the program. The proposed force of a few dozen officers, he said, would be too small to get the job done.
“Theft losses at DWP are real and are increasing. However, eliminating these losses is not enough to offset the proposed costs,” he said. “Furthermore, DWP will be unable to fully eliminate theft given the diffuse nature of the DWP system.”
But O’Connor also said the department is faced with real security risks like those posed by drone attacks or terrorism threats, which he said “appear to justify the proposal at some level.”
In February, a man shot himself after he drove his car through the perimeter fence of a power substation while carrying explosives and several firearms. Dubbing the incident an attempted terrorist attack, officials said the episode could have caused catastrophic infrastructure damage.
David Levitus, executive director of the advocacy group LA Forward, said he was surprised to learn of the proposal so late in Los Angeles’ ongoing charter reform process, which his organization has monitored closely.
“The fact that this is being dumped in late May — what’s the rush?” Levitus said. “I think we really need to be wary of creating new police departments in general, but especially without a clear case and clear constraints and accountability mechanisms.”
May 28 (UPI) — A former CIA agent is accused of stealing nearly $40 million worth of gold bars and about $2 million in cash from the agency, and lying to the agency about his education, military history and pilot license.
David J. Rush of Virginia, who is described in a criminal complaint as a former senior executive with a top secret clearance, was arrested last week and charged with theft of public funds, The Washington Post, USA Today and NBC News. He also claimed about $77,000 of paid military leave for which he wasn’t entitled.
The FBI searched Rush’s home last week and found 303 gold bars that weighed 2.2 pounds each and are estimated to be worth about $40 million, according to an affidavit written by Special Agent Matthew Johnson, USA Today reported.
The FBI seized the gold from the home along with about $2 million in cash and 35 luxury watches, many of which were Rolexes.
From November 2025 and March 2026, Rush requested and received “a significant quantity of foreign currency and tens of millions of dollars in gold bars for work-related expenses,” the affidavit said. When the government visited the storage facility where it was supposed to be stored, most of it was missing. The documents don’t list the reason he needed so much money and gold.
Rush had been in the Navy and was honorably discharged in 2015. But he allegedly told the agency that he was in the reserves for 10 years and took 744 hours of military leave during that time adding up to about $77,000, the affidavit said.
The affidavit alleges that Rush claimed to have a bachelor’s degree from Clemson University and a master’s degree from Rensselaer Polytechnic Institute. An FBI investigation found no record of him attending either school. He also claimed to have been a Navy pilot, but the investigation found no record of that, and the Federal Aviation Administration has no pilot’s license registered to Rush.
Rush is in the custody of the U.S. Marshals Service. He waived his right to a preliminary hearing, and a detention hearing is set for June 5.
Secretary of State Marco Rubio and President Donald Trump participate in a Cabinet meeting in the Cabinet Room of the White House on Wednesday. Photo by Samuel Corum/UPI | License Photo
WASHINGTON — Last June 16, armed immigration agents broke the locks to forcibly enter an Oxnard auto body shop. Juan Carlos Ramirez, a U.S. citizen, filmed as they arrested his father.
Then the agents pepper-sprayed Ramirez, slammed him onto the hoods of two vehicles, punched his face and kneed him in the side, according to a legal claim he later filed against the federal government.
Local attorney Vanessa Valdez denounced Ramirez’s arrest at an Oxnard City Council meeting the next day. The following month, Valdez found herself in a similar situation when agents raided the cannabis company Glass House Farms.
Despite identifying herself as a legal observer, she said, agents — or possibly National Guard — deployed tear gas and shot her six times with rubber bullets. She ran and then, unable to see, crawled on all fours to escape.
Vanessa Valdez, a Ventura-based attorney, has filed a claim against the federal government, alleging she was hit with tear gas and six rubber bullets during the Glass House Farms raid last July.
(Christina House / Los Angeles Times)
“They were just shooting aimlessly, it seemed like,” she said. “I thought maybe they had fractured a rib because that’s how painful it was. I couldn’t sleep face down for three weeks.”
Ramirez and Valdez are among the dozens of U.S. citizens and immigrants who are seeking financial compensation for damages they say they suffered during President Trump’s immigration dragnet. For Valdez, that includes the cost of hospital visits, lost wages as she recovered, anxiety medication and seeing a therapist.
After reviewing public accounts and legal documents and interviews with more than a dozen lawyers and immigrants, The Times found that claimants from across the country are seeking at least $260 million.
In a statement, Homeland Security spokesperson Lauren Bis wrote that ICE officers are held to the highest professional standard and receive regular training. Bis said that when agents are faced with danger, they use their training to protect themselves and the public.
“The pattern is NOT of law enforcement using force. It’s a pattern of violent agitators attacking our law enforcement,” she wrote.
Asked about Valdez, Bis said law enforcement deployed chemical irritants including pepper balls, but not rubber bullets, after agitators attempted to breach the perimeter at Glass House Farms. She said Ramirez refused officer’s commands and physically attacked them, so they pepper-sprayed him in self-defense.
Lawyers who are experts in tort claims said the bureaucratic process is lengthy and complex, and any damage award would likely be lower than what a claimant is seeking.
Still, seeking redress through the Federal Tort Claims Act is one of the few legal remedies available for those seeking financial compensation for deaths, physical injuries, emotional trauma, unlawful detention or property damage caused by federal employees.
The number of claims is expected to rise.
Federal agents, some wearing street clothes and some wearing uniforms and protective gear, form a defensive line against hundreds of protesters outside the Metropolitan Detention Center in Los Angeles on Jan. 30.
(Allen J. Schaben / Los Angeles Times)
In recent months, advocacy organizations have prepared practice advisories for attorneys interested in filing tort claims, and law groups across the country have begun holding training sessions on the process.
“There is no question in my mind that a lot of people — hundreds, thousands — have been harmed significantly and will be legally entitled to large damages payouts, which are going to come from the federal government,” said Jonathan Feinberg, a Philadelphia-based attorney.
Feinberg, who specializes in cases involving excessive use of force by police and abuses of detained immigrants, is president of the board of directors for the National Police Accountability Project, which focuses on law enforcement misconduct.
“We’re going to be talking about Minneapolis in 2030,” he added.
Before they can sue in federal court, individuals must first request a review by the agency that they say is responsible, such as Immigration and Customs Enforcement or Customs and Border Protection. The agency has six months to respond and deny the claim or offer a settlement.
If the agency doesn’t respond or denies a claim, the claimant can then file suit.
Unlike civil rights lawsuits, in which juries decide the verdict, in tort cases, judges make that call. Only the agencies are named as defendants, not individuals.
The Times reviewed the claims of nearly 80 people filed since the start of 2025. The vast majority remain in the review stage. Lawyers anticipate most will not be settled, unleashing a flood of lawsuits starting this summer.
Federal law since 1871 has established that people can sue state and local officials for violating their constitutional rights. But the law left out federal actors.
One hundred years later, the Supreme Court allowed for damages lawsuits against federal officials who violate a person’s civil rights, though decisions in recent years have substantially narrowed that ability.
Democrats in California are pursuing legislation that would make it easier for residents to seek financial damages for constitutional violations committed by federal agents. Similar laws were already enacted in Maryland, Illinois and Connecticut, though the Trump administration has sued to block the latter two.
But there is a different route — tort claims.
Tort cases can be difficult to win, in part because the government can claim a “discretionary function exception,” which shields the agency from liability when the situation involves a policy-driven judgment call.
“So that’s what a lot of plaintiff’s lawyers are really anxious about, that the Trump administration is going to say, ‘Well, we’ve got our own immigration policies. Of course a lot of people disagree with them, but the statute is designed to give us the right to make those policy judgments,’” said Benjamin Zipursky, a Fordham University law professor who studies torts.
“Now, if I were the plaintiff’s lawyer, I would say, ‘Yeah, but shooting somebody in cold blood because you’re just mad about their political views, and they’re not really threatening your life at all — that’s not a policy judgment,’” he said.
The law office of John Burris, an Oakland-based attorney who represented Rodney King after he was severely beaten by Los Angeles police officers in 1991, has taken on damages clients in Minnesota. He said he anticipates filing around 80 tort claims stemming from the immigration enforcement actions there.
A memorial for Renee Good at the location where she was fatally shot in Minneapolis.
(Eric Thayer / Los Angeles Times)
Burris said the experience has given him flashbacks to the period before King’s beating and the subsequent protests over police brutality, when officers felt they could act with impunity.
“There’s 1779798656 a more fundamental understanding that bad stuff does happen,” he said. “Everyday people are not as willing as they once were to just accept a police officer’s perspective.”
Public disapproval over immigration enforcement rose after federal immigration agents in Minneapolis shot and killed two 37-year-old U.S. citizens, Renee Good, a mother of three, and Alex Pretti, an ICU nurse, in separate incidents.
Other deaths took place before the Minnesota operation: 23-year-old Ruben Ray Martinez, who was killed by an ICE agent in Texas who fired repeatedly through the open window of his car; Keith Porter, 43, who was killed in Los Angeles by an off-duty ICE agent after shooting his gun into the air on New Year’s Eve; and Jaime Alanis Garcia, 57, who fell 30 feet from atop a greenhouse while fleeing agents at the Glass House Farms site in Camarillo.
Lawyers for the families of Good, Martinez and Garcia confirmed they are pursuing tort claims. Lawyers for the other families did not respond to requests for comment.
Additional highly publicized cases have also resulted in tort claims: Marimar Martinez, who was shot five times by a Border Patrol agent in Chicago; Mahmoud Khalil, the Columbia University student and Palestinian rights activist who spent 104 days detained after the administration labeled him a national security threat; Aliya Rahman, a disabled woman on her way to a doctor’s appointment in Minneapolis who blacked out at a detention facility after ICE agents detained her.
New claims appear to be filed weekly. Seventeen men, women and children who were detained in a military-style raid at a Chicago apartment complex filed claims this month seeking about $5 million each.
In many of the cases, Bis said, the claimants impeded or assaulted agents. Pretti’s death remains under investigation, she said.
Willy Wender Aceituno stands in the parking lot where he was arrested last November by ICE agents in Charlotte, N.C.
(Jesse Barber / For The Times)
Willy Wender Aceituno was already a plaintiff in a class-action lawsuit filed by the ACLU of North Carolina challenging the policy allowing warrantless immigration arrests after he was stopped twice in a span of minutes by immigration agents last November. In March, he also submitted a tort claim.
Aceituno is a Honduran-born U.S. citizen who voted for Trump. On the day he was arrested, a group of masked agents checked his identification and left. Aceituno then filmed as a second group surrounded his red truck.
“If you break it, you will pay for it,” he tells them in Spanish seconds before one agent smashes the window with a baton. “Why did you do that, sir?”
Aceituno suffered cuts when agents threw him to the ground, which was covered in shattered glass. They placed him in an SUV with other detainees and drove him around Charlotte, N.C., before releasing him, still bleeding, more than 2 miles from his vehicle.
The moment brought back Aceituno’s childhood memory of watching his father be arrested by the Honduran military and disappeared.
“I remember they broke down the door, entered, put him in handcuffs and threw him to the ground,” he said. “I thought, ‘It’s happening again.’ To see the other Hispanics in the car made it feel like this is racial persecution. This is about skin, not criminality.”
Bis, the Homeland Security spokesperson, said Aceituno acted erratically, escalated the situation and refused to comply with officers’ commands.
Lawyers said many people, especially immigrants, who have viable claims have chosen not to pursue them out of fear of being targeted for deportation. Some were deported before they could sue.
“Even now, our clients wake up some days thinking, ‘What am I doing suing the federal government?’” said Iván Espinoza-Madrigal, executive director of the Massachusetts-based Lawyers for Civil Rights. “You have to have a lot of courage to be able to stand up against an administration that has put a bull’s-eye on you and that has targeted you based on your identity.”
Others have turned to mutual aid or online fundraisers to pay for medical bills or to repair property damage. On the website GoFundMe, donation campaigns describe shattered car windows, broken limbs, head trauma and mounting bills.
Some damage can’t be fully recompensated, Espinoza-Madrigal added.
Members of the Haitian community hold signs in support for the extension of Temporary Protected Status during a rally last month in Miami.
(Carl Juste / Miami Herald / Getty Images)
One of the organization’s clients is Jose Pineda, a Salvadoran man with Temporary Protected Status. A year ago, Pineda was stopped by ICE officers on his way to work in East Boston as a landscaper. They wouldn’t accept his Social Security and work authorization cards as proof enough that he was not deportable, and detained him without explanation, according to his tort claim.
So Pineda spent nearly two days in a holding cell at the ICE Boston Field Office with around 50 other people. He couldn’t sit or sleep and received minimal water and food.
Bis said agents “briefly questioned” Pineda because he matched the description of the subject of an operation, and that he was released after being identified.
When he was released, the claim alleges, his documents were returned but $600 in cash that he was saving to pay rent was not. The incident left him with frequent headaches, anxiety and memory loss, and exacerbated his gastritis. His absence from work resulted in a demotion from lead foreman to an assistant role.
“Whenever I drive, if someone stays behind me for three, four or five minutes, I start to imagine that it’s them again,” he said in an interview.
Pineda’s arrest also caused recurring nightmares that leave him shouting and thrashing around in bed. Out of fear that he could inadvertently harm his wife, they now sleep in separate beds.
WASHINGTON — The U.S. Commission of Fine Arts on Thursday approved the design for the triumphal arch that President Trump wants built at an entrance to the nation’s capital.
Commissioners, all of whom were appointed by Trump, approved the design despite overwhelming opposition from the public. Approval is a key step in the project’s process.
The proposed arch is one of several projects the Republican president is pursuing alongside a White House ballroom to leave his imprint on Washington.
He has said some of his other projects, such as adding a blue coating to the interior of the Lincoln Memorial Reflecting Pool, will beautify the city in time for July 4 celebrations of America’s 250th birthday.
The U.S. Commission of Fine Arts approved the concept for the arch at its monthly meeting in April.
As presented to the federal agency, the arch itself would stand 250 feet tall from its base to a torch held aloft by a Lady Liberty-like figure on top of the structure. The statue would be flanked on top by two eagles and guarded at the base by four lions — all gilded. The phrases “One Nation Under God” and “Liberty and Justice for All” would be inscribed in gold lettering atop either side of the monument.
A public observation deck on top would provide 360-degree views of the surroundings.
The commission’s vice chairman, architect James McCrery II, said in April that he preferred the arch without the figures on top. Removing them would significantly reduce the arch’s height by about 80 feet. Critics of the project, including an overwhelming number of people who submitted public comment in April, said the arch would be taller than any other monument in the capital city and dominate the skyline.
At a height of 250 feet, the arch would dwarf the Lincoln Memorial, which is 99 feet tall, and be close to half the height of the Washington Monument, an obelisk that is about 555 feet tall.
McCrery also recommended that the lions on the base be removed because that animal is “not a beast natural to the North American continent.” And he objected to plans for an underground tunnel for pedestrians to get to the arch, which would be built on a traffic circle between the Lincoln Memorial and Arlington National Cemetery in Virginia.
Preliminary surveys and testing of the site began last week.
A group of veterans and a historian have sued the Trump administration in federal court to block construction on grounds that the arch would disrupt the sightline between the Lincoln Memorial and Arlington House at Arlington National Cemetery, among other reasons.
Trump and Interior Secretary Doug Burgum have argued that Washington is the only major Western world capital without such an arch. Burgum’s department includes the National Park Service, which manages the plot where Trump wants to put the arch.
Trump’s rehab of the Lincoln Memorial Reflecting Pool is also the subject of a court challenge brought by the Cultural Landscape Foundation, which said the administration’s moves to repaint the bottom of the Reflecting Pool blue without first undergoing relevant reviews ran afoul of federal preservation laws governing historic sites.
The nonprofit group argued in a lawsuit filed last week that the changes at the Reflecting Pool are part of Trump’s broader effort to push through dramatic renovations in Washington without proper reviews and undermine the tone of the area.
A hearing in the case was scheduled for Thursday afternoon in federal court in Washington.
WASHINGTON — The head of U.S. Border Patrol, the agency tasked with securing the nation’s frontiers and increasingly tapped by the Trump administration for immigration operations in American cities, announced his resignation Thursday.
Michael Banks’ decision, announced in a Fox News interview and later confirmed by the Department of Homeland Security, is the latest leadership shake-up of officials implementing President Trump’s immigration crackdown and comes as the Republican administration appears to be recalibrating its approach.
“It’s just time,” Banks was quoted as saying in a report on the Fox News website. “I feel like I got the ship back on course from the least secure disastrous chaotic border to the most secure border this country has ever seen,” he said.
In a statement, the U.S. Customs and Border Protection commissioner, Rodney Scott, thanked Banks for his service “during one of the most challenging periods for border security.”
The White House did not immediately respond to a request for comment.
It was not immediately clear who will replace Banks. He led an agency at the forefront of Trump’s high-profile immigration enforcement efforts but kept a lower profile than some other officials such as Gregory Bovino, a now-retired commander who became a public face of the city operations.
CBP is one of the federal agencies that participated since last year in a series of immigration enforcement operations, carried out primarily in cities governed by Democrats —an effort that triggered a spike in arrests and led to the fatal shooting of two U.S. citizens in Minneapolis this year at the hands of federal immigration officers.
Banks’ resignation takes place two months after Markwayne Mullin, a former Republican senator from Oklahoma, became homeland security secretary. DHS oversees CBP and U.S. Immigration and Customs Enforcement, also known as ICE.
Banks is stepping down at the same time that ICE is also going through a leadership transition. Todd Lyons, the acting ICE director, is leaving later this month and will be replaced by David Venturella, who worked for years for private contractors before returning to government service.
CBP was established in 2003 and handles customs, immigration, and agricultural regulations to secure U.S. borders.
Banks returned to the Border Patrol last year after a long agency career that had never landed him in its senior ranks. His star had risen as border czar to Gov. Greg Abbott, R-Texas, during a period when illegal crossings reached record highs and the state launched a multibillion-dollar enforcement surge that led to turf battles with the Biden administration.
Banks kept a relatively low public profile as arrests for illegal crossings that have plunged to their lowest levels since the mid-1960s, a trend that began toward the end of that Democratic administration.
Banks did not appear publicly at the Border Security Expo this month in Phoenix, an annual conference at which government officials update contractors on the state of the border. Scott, who was Banks’ supervisor, is a close ally of Trump border czar Tom Homan and has acted more as the agency’s public face.
In the interview with Fox News, Banks said that after 37 years, “it’s time to enjoy the family and life.”
WASHINGTON — David Venturella, a former executive at a private prison operator, will serve as the acting head of U.S. Immigration and Customs Enforcement, the Trump administration says, after the agency’s current leader steps down at the end of the month.
A spokesperson for the Department of Homeland Security said late Tuesday that Venturella would succeed Todd Lyons, who led the agency through much of the administration’s tumultuous crackdown on immigration. ICE did not immediately respond to an email seeking additional information Wednesday.
Venturella left the Geo Group in early 2023 and has been working at ICE leading the division that oversees detention contracts, members of Congress wrote in a public letter earlier this year.
At the Geo Group, which houses around one-third of ICE detainees, Venturella served in a number of posts, including executive vice president overseeing corporate development, according to a Securities and Exchange Commission filing. He also oversaw removal operations for ICE in 2011 and 2012 after working for federal contractors, including one that specializes in security clearances and background checks.
Geo has benefited from President Trump’s mass deportation push, garnering big contracts to open three shuttered facilities. Among them was a $1-billion, 15-year deal for a detention center in New Jersey’s largest city.
“Last year was the most successful period for new business wins in our company’s history,” Geo’s CEO George Zoley said during an earnings call last week.
Geo owns and operates 23 ICE detention facilities, with about 26,000 available beds. Zoley also said that ICE’s air transportation subcontract had continued to steadily increase and that it secured a new contract last year for electronic monitoring.
Venturella will lead ICE at a time when the public mood has soured on Trump’s immigration crackdown, which sent surges of federal immigration officers into American cities to round up immigrants. Those raids sent tensions soaring and prompted clashes between protesters and law enforcement, leading to the fatal shootings of two U.S. citizens in Minneapolis earlier this year.
Trump returned to the White House on a promise of mass deportations, and ICE has been a central executor of that vision. Under Lyons’ leadership, the agency used a massive infusion of cash to expand hiring and detention capabilities, and it ramped up arrests to meet demand from the Republican administration.
Federal officials announced Lyons’ departure last month from ICE, which had gotten $75 billion from Congress to fulfill Trump’s mass deportation campaign.
Venturella’s appointment comes as Homeland Security Secretary Markwayne Mullin settles into his role atop the Cabinet agency overseeing ICE. Mullin has promised to keep his department out of the headlines and has indicated a softer tone on immigration, although he is expected to align with the president’s priorities on mass deportations.
One contentious issue confronting Homeland Security now is a plan for converting warehouses into immigrant detention centers. Conceived while Kristi Noem led the department, the effort has encountered multiple lawsuits and intense community blowback, including in Republican-led states.
The $38.3-billion plan would increase detention capacity to 92,000 beds and mean acquiring eight large-scale facilities, capable of housing 7,000 to 10,000 detainees each, and 16 smaller regional processing centers.
Those, and other sites, were supposed to be running by the end of November. But after Noem’s departure, the department paused the purchase of new warehouses as it scrutinizes all contracts signed during her tenure.
Last month a judge extended a pause on transforming a massive Maryland warehouse into a processing facility for immigrants, and there are signs that federal officials are scaling back the plans.
This could be good news for Geo. The Florida-based company has about 6,000 idle beds at six company-owned facilities, Zoley said last week.
Zoley had offered a note of skepticism about the warehouse plan during an earlier earnings call in February, noting that renovating a warehouse is “more complicated than you may think.” At that point, he said the company was “cautiously” looking at whether to bid to help operate some of them.
WASHINGTON — The head of the Food and Drug Administration, Dr. Marty Makary, is resigning after a rocky tenure that drew months of complaints from health industry executives, anti-abortion activists, vaping lobbyists and other allies of President Trump.
He steps down after just over a year leading the powerful health regulatory agency, according to a White House official who was not authorized to speak before an announcement expected Tuesday and requested anonymity.
Kyle Diamantas, the agency’s chief for foods, will take over as acting commissioner, the official said. Diamantas is an attorney with personal ties to Donald Trump Jr.
A surgeon and health researcher, Makary came to prominence among Republicans as an outspoken critic of COVID-19 health measures during the pandemic when he frequently appeared on Fox News.
But he struggled to manage the FDA’s bureaucracy and failed to win the confidence of its staff after mass layoffs, leadership changes and a series of controversies in which the agency’s scientific principles appeared to be overridden by political interests, including those of Health Secretary Robert F. Kennedy Jr.
The FDA commissioner, as the leader of an agency that regulates billions of dollars in consumer goods and medicines, is often required to juggle competing priorities that straddle science and politics.
Makary faced a unique challenge in balancing calls by Trump and other Republicans to cut red tape at the FDA, while also tending to Kennedy’s interest in scrutinizing the safety of vaccines, drugs and food additives.
Virtually all of the FDA’s senior career officials resigned, retired or were forced out in the first year of the second-term Trump administration, leading to a steady stream of leaks and negative stories in the media cataloging low morale, dysfunction and frustration among staff.
Makary’s handpicked deputy, Dr. Vinay Prasad, was pushed out of the agency twice in less than a year for running afoul of specialty drugmakers and groups for patients with rare diseases. Makary appeared poised to weather the controversy, despite an ongoing pressure campaign calling on Trump to fire him.
Recent months brought fresh criticisms from other interest groups that the White House considers key to Republican chances in November elections.
Anti-abortion groups have criticized Makary for allegedly slow-walking an internal review of the abortion pill mifepristone, which has been on the market for 25 years but remains a target for conservative activists.
Vaping executives told Trump that Makary was blocking approval of their products, including new flavored e-cigarettes seen as crucial to the industry’s survival.
Last week, the agency abruptly changed course on vaping: authorizing the first fruit-flavored products and issuing guidelines that loosened marketing for major manufacturers. But it wasn’t enough to keep Makary in the job.
A permanent replacement for FDA commissioner will need to be nominated by Trump and confirmed by a majority vote in the Senate.
Faster drug reviews are overshadowed
As a former regular on Fox News, Makary was aggressive about promoting his accomplishments on cable television and podcasts and in online opinion pieces.
More than a half-dozen initiatives from Makary aimed to speed up or streamline FDA drug reviews, including dropping certain study requirements, incorporating artificial intelligence into drug evaluations and offering expedited reviews to medicines that support “national interests.”
But pharmaceutical executives rely on the predictability and consistency of FDA decisions, even more than speedy reviews. Makary’s efforts on drug reviews were overshadowed by internal conflicts and upheavals that created headaches for drugmakers, investors and patients.
A number of specialty drugmakers studying therapies for rare or hard-to-treat diseases said they received rejection letters or requests to run additional studies for drugs that previously had been given the go-ahead by FDA staff. Those drugs were primarily overseen by Prasad, who stepped down for a second time from his role as FDA’s vaccine and biotech chief in April.
Vaccine moves denounced
Prasad repeatedly overruled vaccine staffers to restrict eligibility for new COVID shots. In February, Prasad initially refused to even consider Moderna’s mRNA shot for flu. The FDA was forced to reverse itself after Moderna pledged to formally challenge the decision and called for intervention by the White House.
Some of Makary and Prasad’s most controversial vaccine proposals never came to fruition, despite stoking confusion and anxiety within the FDA and beyond.
In an internal memo in November, Prasad claimed — without publishing evidence — that the FDA had linked COVID shots to the deaths of 10 children. Prasad used that to justify a planned wholesale overhaul of the agency’s approach to approving and updating vaccines.
A dozen former FDA commissioners issued a scathing denunciation of the plan, warning that it would “undermine the public interest” and decimate vaccine development. The FDA has not released its analysis of the deaths or its plan for the vaccine overhaul.
FDA’s drug center had a revolving door
In the FDA’s drug center, which is the agency’s largest division, Makary oversaw a revolving door of leadership changes. Six people served as director over the course of one year.
Makary’s initial pick for the job, Dr. George Tidmarsh, was forced to resign after allegations that he used his FDA position to pursue a personal vendetta against a former business partner.
His replacement, longtime FDA cancer specialist Dr. Rick Pazdur, announced he would retire after just three weeks on the job, after clashing with Makary on multiple issues involving drug reviews.
With Makary’s departure, the fate of many fledgling initiatives is uncertain.
Most of the programs Makary introduced have not gone through federal rulemaking required to enshrine them in U.S. regulations and could easily be overturned by his successors.
Democrats in Congress have questioned the legality of some of those efforts, including a program that offers drugmakers expedited reviews for innovative medicines.