>> Major funding for NJ Spotlight News provided by NJM Insurance group, horizon Blue Cross Blue Shield of New Jersey, an independent licensee of the Blue Cross and Blue Shield Association, and by the PSEG foundation.

Briana: "NJ Spotlight News" tonight on, the trespassing charges against the mayor drop but assault charges are filed against Congresswoman LaMonica McIver for her actions at the Delaney house couple two weeks ago.

>> We seen the administration come out and attack leaders were doing their jobs, its political intimidation, and I will not be intimidated.

Briana: Plus, the trains are back on their tracks after a three day engineer strike, bringing relief to New Jersey commuters.

But over at Newark Airport, a fourth air traffic medications outage is causing serious concern.

>> Is not any one failure, it's like most acts of national's accidents, oddly things go wrong.

You've got a shortage of controllers, you've got increasing volume of traffic.

Briana: And the battle over severe toxic PFAS Pollution in New Jersey kicks off in federal court.

>> We do not believe the contamination at it from the site has been fully cleaned up and unfortunately we find ourselves in court to enforce the law.

Briana: "NJ Spotlight News" begins right now.

♪ >> From NJPBS Studios, this is "NJ Spotlight News" with Briana Vannozzi.

Briana: Good evening and thanks for joining us on this Tuesday night.

I'm Briana Vannozzi.

We begin with the big story of the day.

New Jersey Congresswoman LaMonica McIver is being charged with felony assault by the Trump Administration over allegations that she, quote, body slam federal agents during a confrontation outside a New York immigration detention center earlier this month.

New Jersey's interim U.S. attorney on Monday night and now she was charging the Democratic lawmaker with assaulting, resisting, and impeding federal agents as they were taking the Newark Mayor into custody.

The DOJ has since dropped trespassing charges against him.

McIver has denied any wrongdoing and is calling the charges by the Justice Department, quote, purely political.

McIver along with two other Democratic Congress members say they were visiting the Laney reform and oversight inspection, claiming that the silty wasn't up-to-date on permits.

Protesters rallied outside the U.S. Attorney's office in Newark today, calling out the Trump Administration for bringing its hard-line immigration agenda onto a new stage.

By charging the federal lawmaker with criminal wrongdoing.

Our senior political correspondent David Cruise has the latest.

>> Assault, especially in the context of the crash outside the hall a couple weeks ago is in the eye of the beholder.

Almost as swiftly as the trespassing charges were dropped, it was announced on social media that two assault charges were being filed against Congresswoman Monica McIver.

>> The controversy attacking the attention of the president.

>> That woman, I have no idea who she is.

That woman was out of control.

She was shoving federal agents.

She was out of control.

We are going to have law and order.

David: McIver, she is the one in the red blazer, was in the middle of some pushing and shoving in the scrum that followed the rest.

To be clear, no one is seen breaching a federal facility or at landmark and there were no reported injuries.

On CNN this morning, the Congresswoman, who declined a deal that would call for an admission of guilt, was defiant.

>> We have come to this point in America that this is what we see happening to leaders who are trying to do their jobs, whether it's the mayor of a large city, whether it's a judge.

We've seen this administration come after an attack leaders for doing their jobs.

It's political intimidation and I will not be intimidated.

I expect to continue to do my job, once again a very unfortunate situation.

I did not think when I came to Congress in September that I would be dealing with something like this are being charged with anything.

Once again, I am committed to doing my job for the people I represent and I stick to that.

David: Congressman Menendez was also in that tangle of people, he kind -- come away disturbed at what he saw what it meant to him.

>> We showed up to do our job, as we have the right to do, and was met with an immense amount of resistance and purposeful intimidation.

So the point I've made to people is, if this is happening to federal judges, this is happening to mayors, this is happening to members of Congress, we should all be concerned, right?

Because it could be anyone of us next.

David: McIver, who had used the days events to launch a fundraising effort, could face up to eight years in federal prison.

The government -- a Democratic strategist noted the ties between the administration and the group that contributed a million dollars to the Trump election effort and has a billion dollar contract to operate >> In >> the hall facility.

The former lobbyist's now in position to ensure that no one asked questions about the group again because she is the Attorney General of the United States.

So it's not just what happened at the hall.

David: This will be a big week in Washington with the president's massive spending plan, facing his first votes and if the new federal administration shows its willingness to leave an imprint by using a heavy thumb.

I'm David Cruz, "NJ Spotlight News".

Briana: A majority of New Jersey and say it cost too much to live here.

That's nothing new, but according to new poll released today, half or more residents surveyed say housing in particular is increasingly unaffordable and that it's only getting harder to pay their monthly rent or mortgage.

Most of those polled blame incomes not keeping pace with housing cost increases and the skyrocketing prices for homes and apartments.

The survey which was done in collaboration with the housing and community development network of New Jersey revealed that the majority of residents are expecting more than one third to one half of their total monthly income on housing.

Meanwhile as previous polls have also shown, residents want lawmakers to take action on policies like preserving the original intent of the affordable housing trust fund which was meant to pay for new home construction but funds have been diverted over the years.

Residents also say they'd support statewide went -- rent control and luxury home surcharges.

The poll director Ashley Koning saying some New Jerseyans are feeling the affordability pain more than others.

>> Let's also make sure we're looking under the hood, that that really start racial and ethnic divides when it comes to some of this, especially with the questions that talk about rent and how much of an impact that is on particular communities within New Jersey when we talk about housing affordability.

It's something everybody feels the pinch from, it's something everybody faces, but there are some demographics were more acutely aware than others about the disparities and the harms and the disadvantages they face when it comes to affordable housing.

Briana: New Jersey transit train service is back on track today following the first commuter rail strike here in over 40 years.

After the agency reached a tentative contract agreement with the engineers union ending the work stoppage, both sides aren't sharing details of the deal until it is ratified next month, but the union's general manager did tell NJ Spotlight News it boosts hourly pay beyond the proposals memories initially rejected.

Governor Murphy and New Jersey transit CEO Crisco Lori have said new contract is both fair and financially responsible to taxpayers.

Many poem were just happy to be back to their normal commutes this morning.

Senior correspondent Brenda Flanagan reports.

Brenda: NJ transit trains rolled early this morning with engineers back on the job after ending a three day strike over wages.

After making do with fairies, park rides, thousands ease back into familiar rush-hour routines.

Newark -- >> I feel great.

This is like night and day, so I appreciate that they got a deal done, so it's good.

>> The first a commune to work was Friday and it took three hours to get home so congratulations to the transit workers for successfully negotiating a contract.

Brenda: Sure you were behind them all the way?

>> Of course.

Brenda: Some rail riders did experience delays due to a disabled train at New York's Penn Station, and Amtrak switch problem that started in Elizabeth, in other words, a day on the railroad.

Engine transit spent Monday doing safety inspections required before the system could reboot.

>> I'm glad the trains are running again.

I'm very happy.

>> It means a whole lot to me because I had to catch the bus and I had to leave my house much earlier just to get to work.

>> I took the train this morning, it was on time, the windows were clean, and the customers and our riders were committed to the effort.

>> He thanked riders and agency staff for their patients.

Negotiation's between the agency and the group had dragged on since 2019.

The tentative deal raises union wages but not transit fares are taxes that were promised.

>> This is a fiscally sound package that was negotiated.

Otherwise the governor and I would not have signed off on it and the riders should feel confident that the budgets we put in place, especially this year.

Brenda: But NJ transit's budget already includes a baked in 3% fair hike in July some commuters worry about what's coming down the tracks.

They say no fair hike.

>> We will wait and see on that one.

I don't believe it.

Absolutely not.

Maybe not at this present moment there will be nofare hike, but we always get hit with it eventually.

And is not fair because it's not like the service gets any better.

Brenda: In Trenton, Republicans have long called for a financial audit of the chronically cash starved agency.

>> We just negotiated a pay increase with no talk about where that money is going to come from.

They are assuring us they will not have a fare increase or increase in taxes, but how are they going to pay for this?

We don't know those details.

I have been requesting and asking for an audit of Nin -- NJ transit for a number of years.

Brenda: Both NJ transit and the Union have resisted publicizing details over the tentative agreement which raises wages wages -- in concession for concessions on court rules and medical benefit contribution, according to union sources.

NJ transit engineers will keep driving the trains as they vote on the new contract.

In Newark, I'm Brenda Flanagan, "NJ Spotlight News".

Briana: Much of the state's attention may have shifted to the troubles that New Jersey transit but another major transit -- transportation problem is far from over.

Newark airport on Monday experienced his fourth communications outage less than a month.

The FAA says the latest one lasted for two seconds at the Philadelphia air traffic control center, that handles flights in and out of Newark.

The agency is investigating and insists the system remains safe, but recent equipment failures, staffing shortages and aging infrastructure have raised questions about just how true that is.

To help us understand what's happening behind the scenes, are joined by Randy Babbitt, former FAA administrator from 2009-2011.

Randy, good to talk to you.

Really looking to get some insight here, as I think many folks are.

Obviously there were support system outage now at Newark Airport in just the last month.

A lot has been made and a lot of our federal lawmakers here have been making a point to call out the radar control facility that was moved from Long Island to Philadelphia.

How much of a factor is that in some of the problems that we are seeing play out?

Randy: First, it's good to be here, thank you.

With regard to the question, that shouldn't really make much difference in this day and age.

They are moving together up a more modern structure and set of equipment, and they do that, that have consolidated.

There was a point in time, and every airport has an approach control that's not efficient.

So this is part of years back moves for efficiency.

Briana: Why, then, are we really only seeing the system outages play out at Newark airport?

Randy: Well, you know, it's a big airport and a busy airport and if you have a failure there, everybody knows about it.

The airport in Athens, Georgia, goes out, nobody knows about it.

It's just the volume that goes through that airport, it's one of the busiest traffic areas in the world.

Briana: You are with the FAA and saw through a time of technology upgrades, so what's the reality of doing the type of upgrades that the FAA currently says are needed, you need a system that is in the busiest airspace of the country.

Randy: And it should be a priority.

Of course we go through the age-old argument of the bottom line is who is in charge?

So they blame the FAA, but does the FAA make these decisions uninhibited?

No, the Secretary of transportation or the Department of Transportation has to go along.

Can they do that unilaterally?

No, congressional funding has to happen.

So there's a lot of people let her going to have to get lined up on the same page bring about an efficient and proper solution , including the electronics, the staffing, the manning of different facilities, all go into the mix.

Briana: How big a role do -- to something like the staffing issue, for example, a lot of ideas have been floated around about how to address that, and incentives, pipelines and the like.

But how big a role do such staffing shortage play in contributing to some of the issues we are seeing?

Randy: I think it contributes significantly.

The problem that the FAA has, currently stems all the way back to COVID.

When you take the traffic control system and operate it at 30% of its capacity, you have way too many people, and so did airlines and so do a lot of other places.

So you lay people off.

But the problem is, you don't just call them back a week let her.

To take a new hire, somewhere more than two years to put one on the line, that is in a simple facility.

Briana: I'm sure that you saw that press conference Secretary Duffy had where he was old those floppy disk and they were making much about some of the technology.

How accurate is that with what folks are really working with on a day to day?

I know here in New Jersey, our government systems, technology wise, have been pretty outdated.

They've been going through the process of that.

For many folks, we wouldn't necessarily surprise them, but there are working with that antiquated of equipment?

Randy: Yes, we are.

I gave a tour just before I became the secretary, and the Secretary of transportation went with me, and he was fascinated by all these screens, and I'm looking at it, knowing full well that this is World War II technology.

He was, oh, this is so modern, this is so cool.

And I said, Mr. Secretary, when was the last time you saw the word Univac written on something.

That's how old some of this stuff is.

Vacuum tubes, it's been a long process.

We've got nine sections of the country, nine different regions of air traffic control, and unfortunately, they are not as coordinated and unified in their rear clip each as they should be.

One sector -- in there re =equippage as they should be.

It could be consolidated, you wouldn't run a company this way.

And I came from the private sector.

Briana: Given the fact that a lot of folks have said these problems have been building, does it surprise you, then, to see what is happening in the airspace?

Randy: No, it's a little disappointing, you know, every body wants to do things for less and more efficient, until they go wrong, and then you are, we shouldn't have cut that much.

The FAA has suffered from some of that.

There has been long delays, reauthorization's and the funding, lack of recognition of staying modern.

A system like this, you don't just build it and pour concrete and say it's going to work for 10 years.

It is an ever evolutionary system of technology and it also doesn't work by itself.

Remember that the airplanes that are involved also have to have equipment that is compatible with what the FAA has, and you draw the line, particularly private aircraft, some of the equipment that would be desired is very, very expensive.

And so they have a policy now, best equipped, best serve.

If you don't have this equipment in your airplane, you can't go to certain airports and land.

Airports won't take you without the modern equipment that helps them and their air traffic separation and control.

Briana: A big investment or sure.

Randy Babbitt, thank you so much for your time.

Randy: You're welcome.

Thank you.

Briana: Inner spotlight on business report, a landmark pollution trial over toxic -- toxic Intimidation Salem County kicked out this week.

State officials sued DuPont and its spinoff five years ago over decades of PFAS Contamination, also known as Forever Chemicals that are widely used in industrial and consumer products like nonstick pans.

They are extremely resilient substances that just don't break down, and they are a threat to human health.

The chambers work sign at the foot of the Delaware Memorial Bridge has long been a hub of PFAS Use, and said authority say surrounding communities and environments have paid a heavy price.

While other companies have settled similar cases, DuPont and Chemours are fighting back, making the trout of first of its kind in New Jersey.

Tell go bargain was there for the -- Ted Goldberg was there at the start.

Ted: DEP commission was optimistic after his three hours of testimony Monday, where he sharply criticized DuPont in District Court laid the groundwork for the state's case against him.

>> The judge was really paying attention to the case and its details.

This kind of thing is really complicated.

Understanding the nature of chemicals, or father spread, the harm they can do, it is incredibly complicated stuff.

>> I think the state of New Jersey presented a compelling case.

Ted: He was sitting in on the massive lawsuit between New Jersey and chemical companies that operated on the worksite in Salem County.

DuPont until 2015, and Chemours since then.

>> We have PFAS Contamination of the fish.

It's so insidious.

Various members of this mandate on chemicals is literally in the bodies of people in New Jersey and nationwide, having devastating health consequences.

Ted: DuPont's lawyers, who did not respond to a request for comment by deadline, admitted that the client did pollute on the site, but not to the extent that the state says they did.

In their opening statement, the -- they say the client follow the law and the DEP did not take regulatory action over a 12 year period ending in 2017.

Latourette disputed this in his testimony, accusing DuPont misleading regulators about how much Lucian was happening.

>> We do not believe that the Intimidation at and emanating from a site has been fully cleaned up, and importantly we find ourselves in court to enforce the law and we are grateful for this judge who is rolling up her sleeves here in the case.

Ted: Latourette used to work as a lawyer in private practice and DuPont's defense included an opinion he wrote years ago while defending Essex chemical.

>> Working on cases sometimes others see fit to bring that sort of thing up.

It doesn't surprise me, but also isn't incredibly effective.

>> Another chemical giant, 3M was originally included on the case but they settled with the state for $450 million.

The Attorney General spoke about it last week.

>> We are here to pursue accountability against anyone and everyone who had a role in contaminating our state with PFAS.

Let today's historic settlement service a reminder we will -- pursue everyone -- every case until we have achieved justice for everyone in New Jersey.

We are prepared to go to trial, so if you have a case with us, we encourage you to solve it.

>> I hope it stands as a message that we expect first and foremost for those who discharge hazardous substances into the environment, contaminants and pollutants, that the clean them up.

>> The case has been broken down into several mini-trials, to determine if DuPont and Chemours violated the act and that -- they argue that DuPont didn't go far enough with involving the federal government about the risk of Forever Chemicals.

>> We will explore it precisely in the days to come.

It's incredibly important to the people of New Jersey, the degree of information that was shared and what we find ourselves in the place that we do now.

We shouldn't have to be here, but we are.

I think all of this will be in focus throughout the trial.

>> DuPont's argues -- lawyers argue it was not declared a hazardous substance until 2020 and they worked with hundreds of homeowners to clean their well water.

Both sides and agree the case will have huge repercussions going forward as state governments reckoned with PFAS.

>> This case is Willie going to send a message loud and clear that will reverberate across the nation and I hope the message is to say that these industrial operations that I've used this dangerous family of chemicals in their operations, you need to take responsibility for the devastating consequences you have inflicted on our environment, on our communities come on people's lives and on people's bodies.

Don't make government agencies take you to court.

You take responsibility.

Ted: A statement highlighted steps the company says it's taking to reduce emissions and monitor its groundwater.

Latourette says the first of these many trials stretch into the summer and even the early fall, is New Jersey and the chemical companies do get out in District Court.

In Camden, I'm Ted Goldberg, "NJ Spotlight News" >>.

>>Support for the Riverport, event details including performance schedules and location are online at Jersey City Jazz Festival.com.

Briana: That will do it for us tonight.

A reminder, you can download our podcast wherever you listen and watch us any time by subscribing to the NJ Spotlight News YouTube channel.

Place you can follow us on Instagram and blue skies to stay up-to-date on all the states big headlines.

I'm Briana Vannozzi.

For the entire team at "NJ Spotlight News" thanks for being with us.

Have a great evening.

We will see you right back here tomorrow.

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