National
Anti-gay Bush official sentenced to jail
Bloch guilty in criminal contempt of Congress case
Bloch
A Bush administration official who came under criticism for refusing to enforce anti-discrimination policies protecting gay federal workers was sentenced on March 30 to one month in jail on a charge of criminal contempt of Congress.
Scott J. Bloch, who served as head of the U.S. Office of Special Council from 2004 to 2008, is appealing the sentence, which was handed down in Washington by U.S. District Court Magistrate Judge Deborah Robinson. Robinson also sentenced him to one year of unsupervised probation and 200 hours of community service.
She agreed to put a stay on the sentence while Bloch’s attorney, William Sullivan, files an appeal with the U.S. Court of Appeals for the District of Columbia. Sullivan said the appeal is based on Bloch’s contention that he did not know the offense of contempt of Congress, to which he pleaded guilty in April 2010, carries a required minimum sentence of 30 days in jail.
The appeal seeks to overturn Robinson’s denial last month of a motion by Bloch to withdraw his guilty plea.
Robinson said she interpreted the statute to include a required jail term of at least one month for those convicted of or who plead guilty to criminal contempt of Congress. She noted that at the time Bloch pleaded guilty, he explicitly acknowledged — in response to her questions in the courtroom — that a prosecutors’ plea bargain agreement he accepted did not prevent her from sentencing him to a prison term of up to six months.
Sullivan strongly disputes her interpretation of the statute, saying in court papers that two other judges have sentenced people convicted under the contempt of Congress statute to probation without any jail time. Robinson said those cases were irrelevant because the statute gives her discretion to sentence Bloch to up to six months in jail.
Bloch’s sentencing last week marked yet another twist in a seven-year saga that began in 2004, upon his appointment by President George W. Bush as head of an office charged with protecting federal employees from discriminatory personnel practices. The independent Office of Special Counsel, which Bloch headed, is also charged with protecting federal employees who become whistleblowers by disclosing corruption or gross incompetence within federal government agencies.
Immediately upon taking office, Bloch announced that he disagreed with a longstanding interpretation of a U.S. civil service law believed to protect federal workers from job-related discrimination based solely on their sexual orientation. Saying he interpreted the statute to limit its coverage of gays to matters involving “homosexual acts,” Bloch said gay or lesbian federal employees could no longer be protected against improper personnel practices based on their sexual orientation.
His position on gay federal workers triggered an immediate outcry from LGBT advocacy organizations and their allies in Congress. A spokesperson for Bush surprised some political observers when he said it remained the policy of the White House and the administration that gay or lesbian federal workers were, in fact, protected against sexual orientation discrimination.
LGBT rights groups, while expressing appreciation for the Bush administration statement, pointed out that Bloch appeared to be ignoring the statement by continuing to operate the Office of Special Counsel as if gay and lesbian federal employees were not protected.
In addition to criticism over his position on gay federal workers, Block came under attack over allegations that he improperly sought to purge employees in his office who disagreed with him, including at least two gay employees. The latter allegations led to a congressional investigation into Bloch and the Office of Special Counsel.
Allegations that eventually led to his being charged with contempt of Congress began in 2006, when investigators raised questions about whether Bloch arranged for a computer services company called Geeks on Call to “scrub” files from his office computer as well as from the computers of two of his political appointees at the Office of Special Counsel.
Bloch was under investigation at the time by the inspector general of the U.S. Office of Personnel Management that he allegedly improperly retaliated against former Office of Special Counsel employees.
In May 2008, the FBI raided Bloch’s office and home, confiscating computers and various files. In October 2008 the White House requested and received his resignation.
The case docket for the U.S. District Court, which is now handling Bloch’s criminal case, shows that his sentencing date was postponed several times since he pleaded guilty nearly a year ago. The main cause of the postponements has been his attorney’s dispute with the judge over whether the contempt of Congress statute carries a mandatory jail term of at least 30 days.
In an unusual development, federal prosecutors joined defense attorney Sullivan in arguing in court filings that they did not agree with Robinson’s interpretation that the statute carries a required jail term. Assistant U.S. Attorney Glenn Leon, the lead prosecutor in the case, argued in court papers that the government believes the statute gives judges discretion to sentence someone to probation without a prison term.
“Both parties entered into the plea agreement believing that 2 U.S.C. 192 [the contempt of Congress statute] was a probation-eligible offense,” Leon said in a court brief. “In light of the Court’s ruling to the contrary, the government believes that fairness requires it to not oppose the defendant’s motion to withdraw, because otherwise the plea agreement would not reflect what the parties negotiated and agreed to in good faith.”
Some critics, including gay blogger John Aravosis of AmericaBlog, questioned whether the Obama administration was siding with Bloch to prevent a legal precedent that could result in the jailing of Obama administration officials who might get into trouble with the law in the future.
During a court hearing last week, Robinson agreed to consider another request by Sullivan that she allow Bloch to serve his one-month jail sentence in home confinement if the sentence is upheld on appeal.
Federal Government
RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth
‘Discredited junk science’ — GLAAD
A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.
The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.
“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”
While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.
The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”
Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.
“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”
GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”
Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.
“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.
“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.
“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”
“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”
“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.”
Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.
“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”
The White House
Trump nominates Mike Waltz to become next UN ambassador
Former Fla. congressman had been national security advisor
President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.
Waltz, a former Florida congressman, had been the national security advisor.
Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.
“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”
Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”
“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.
Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.
Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
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