UNBIASED Politics – January 26, 2026: Everything We Know and Don't Know About the Alex Pretti Shooting

Host: Jordan Berman
Air Date: January 26, 2026

Episode Overview

Jordan Berman dedicates this episode entirely to breaking down the recent, highly publicized shooting of Alex Pretti by a Border Patrol agent during an immigration enforcement operation in Minneapolis. The episode is a fact-driven, legal analysis of what is known, what remains unclear, and the competing accounts from government agencies, witnesses, and social media. Berman methodically walks through the video evidence, official statements, and public confusion, and answers audience questions about law enforcement authority, legal procedures, and historical context—aiming to separate fact from speculation.

Main Discussion

1. Factual Timeline of the Shooting

• Incident: On Saturday morning, around 9:05am, Border Patrol, as part of an operation targeting Jose Huerta Chuma, fatally shot 37-year-old U.S. citizen Alex Pretti in Minneapolis.
• Pretti's Actions:
  • Video shows Pretti standing in the street, filming agents with his phone, not holding a gun (though he had one holstered in his waistband).
  • Protesters used whistles, a known tactic during ICE operations.
  • Pretti shouts: “Do not push them into the traffic.” (Approx. 04:00)
• Escalation:
  • Border Patrol agents begin pushing people, including a woman wearing a reddish or pink backpack who falls to the ground.
  • Pretti is seen trying to help her up.
  • Pepper spray is deployed; Pretti raises his arms in the air.
  • Agents drag Pretti (and the woman) to the ground; a chaotic scuffle follows, with Pretti resisting restraint (flailing, but not clearly threatening).
• Moment of Shooting:
  • An agent is seen removing Pretti’s handgun and backing away; seconds later, gunshots are heard.
  • Pretti is struck; witnesses allege he was shot several times in the back.

Notable Quote:

“Pretti was not holding a gun. He was very clearly holding his phone in one hand and his other hand was empty. He did have a gun in his waistband, but he was not holding a gun at any point during his interaction with the agents.”
— Jordan Berman [03:45]

2. Competing Official and Witness Accounts

• DHS & Border Patrol:
  • Initial DHS statement claimed Pretti approached agents “with a 9 mm semi-automatic handgun” and “violently resisted.”
  • DHS later softened the claim; Secretary Noem said Pretti “walked up to agents and obstructed their operation,” sidestepping the issue of whether his gun was out.
  • Uncertainty remains whether Pretti actually “brandished” his gun; video evidence and witness statements say no.
• Witness Statements:
  • Sworn declaration from bystander: Pretti was helping a woman up, not resisting or holding a gun, when agents “just started shooting him” [15:21].
  • Video-recording witness says of DHS’s released statement:

    “I have read the statement from DHS about what happened, and it is wrong. The man did not approach the agents with a gun. He approached them with a camera. He was just trying to help a woman get up, and they took him to the ground.” [15:28]

• Speculation on Sequence:
  • Theory circulates that a gun misfire from the disarmed weapon led agents to believe Pretti had fired, prompting the shooting; Berman labels this “speculative at this point, right? Because all we can see from the video is that the agent who takes the gun steps away from the scuffle, and maybe a second later is when you hear that first shot.” [09:50]

3. Developments in the Aftermath

• Evidence Preservation:
  • A judge imposed a temporary restraining order blocking DHS and law enforcement from destroying or altering shooting-related evidence, effective through the current day. [18:30]
• Legal and Governmental Action:
  • Minneapolis Mayor: City seeks to halt ICE operations by restraining order.
  • Governor Walz deployed National Guard in response to local sheriff request (within his state authority).
  • President Trump agreed to consider reducing federal agent presence and facilitating state investigation of the shooting, in a conversation with the Governor.
• Attorney General Letter:
  • Attorney General Bondi urged the state to cooperate with federal immigration efforts, repeal sanctuary city policies, and provide voter rolls—but, as Berman clarifies, did not threaten a direct quid pro quo withdrawal of ICE in exchange.
  • Berman's analysis: “That last one...it’s not really clear what voter rolls have to do with immigration enforcement, other than potentially giving the federal government another way to target those who are not citizens.” [26:00]

Key Q&A Segments & Legal Frameworks

1. ICE vs. Border Patrol [30:00]

• ICE: Interior enforcement; more accustomed to crowded, protest situations.
• Border Patrol: Border-area enforcement but reassigned to help ICE in this operation.

2. Standards for Use of Deadly Force [33:00]

• When Is It Justified?
  • Deadly force is allowed only if an objectively reasonable officer would believe there’s an imminent threat of death or serious bodily harm.
  • Supreme Court precedents (Tennessee v. Garner, Graham v. Connor) inform these standards—mere resistance is insufficient.
• Legal Questions for the Courts:
  • Did Pretti pose a real threat at the moment of shooting, especially after being disarmed?
• Quote:

  “Resistance alone is not enough. … The question here is, considering the events that led up to the moment of the shooting, would a reasonable officer on the scene have believed that Pretti posed an imminent threat of death or serious bodily injury.” [33:55]

3. Charging Federal Agents If States Seek Prosecution [36:30]

• States can file charges, but cases likely shift to federal court where DOJ decides to prosecute or not.
• Legal distinctions between “murder” and “manslaughter” highlighted; Berman cautions against labels given unresolved facts.
• Quote:

  “For those of you who feel deeply this was murder, that’s okay, but… for those of us who have a legal background, there is a reason we are not using that specific term.” [38:20]

4. Interfering With Federal Law Enforcement [41:21]

• Definition: Illegal to “forcibly assault, resist, oppose, impede, intimidate, or interfere”—but forcible means physical force.
• By video, Pretti’s contact with agents appears to be initiated by agents, not him:

  “Preddi raises his hands up in the air on two separate occasions when confronted by agents.”

• Felony charges require physical contact initiated by the civilian; not established here.

5. Is It Illegal to Bring a Gun to a Protest in MN? [43:30]

• No Minnesota or federal law bans carrying with a permit at protests—Pretti had a valid permit.
• Petty misdemeanor if carrying without a permit or ID.
• Official claim that Pretti carried two magazines is unsubstantiated without federal evidence.

6. Federal vs. State Authority in Investigations [50:40]

• FBI can control access to evidence and personnel related to federal offenses, effectively sidelining state investigation.

7. Deaths in Prior Administrations/Media Reporting [53:45]

• Obama and Biden both deported large numbers, deaths occurred under both.
• Current enforcement is more “visible,” more widely covered by both officials and media.
• 2025 was the deadliest year in ICE custody in two decades; 2026 already saw two U.S. citizen civilian deaths.

Notable Quotes and Moments

• On Disarming Pretti:

  “He was disarmed just a few seconds before he was shot, maybe even a second before he was shot. You can see the agent walking away with the gun right before the shots rang out.” [46:00]

• On Legal Limits of Public Claims:

  “Being wrong in a public statement is not illegal. … There’s really no recourse if an inaccurate statement is made publicly.” [47:20]

Important Timestamps

| Segment | Timestamp | |----------------------------------------------|--------------| | Factual recitation of shooting | 00:33–18:07 | | Key witness statement | 15:21–16:30 | | Legal Q&A: agency authorities/flavors | 30:00–33:00 | | Use-of-force legal standards | 33:00–36:30 | | Charging/prosecuting federal agents | 36:30–39:30 | | Interfering with federal officers—analysis | 41:21–43:30 | | Gun laws at protests in MN | 43:30–46:00 | | Federal vs. state authority in investigation | 50:40–52:20 | | Deaths & visibility in prior administrations | 53:45–56:30 | | Critical thinking segment | 58:00–61:10 |

Critical Thinking Segment [58:00]

Jordan encourages listeners to reflect independently, posing open questions:

• Does mere presence of a gun always constitute a threat?
• Would public reaction differ if administration changed, but facts stayed the same?
• Why do authorities issue early statements before full investigations?
• What evidence could change your perspective on the shooting?

Overall Tone and Approach

• Tone: Methodical, neutral, explanatory—a lawyer’s clarity without editorializing.
• Approach: Closely parses language (DHS, law, witness), always returns to “what do we know, and what do we not know,” and explicitly avoids premature judgments.

Summary prepared for those seeking a detailed, unbiased understanding of this complex and evolving story.