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Gay judicial nominee sails through confirmation hearing

Fitzgerald worked on case changing FBI rules for hiring gay agents

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Michael Walter Fitzgerald (Blade photo by Michael Key)

A gay judicial nominee encountered no opposition during his confirmation hearing on Tuesday as senators focused on questions about his judicial philosophy.

Michael Walter Fitzgerald, whom President Obama nominated in July to the bench, is the fourth out federal judicial nominee chosen by the White House. Upon confirmation, he would take a seat on the U.S. District Court for the Central District of California and would be the first openly gay federal judge in that state.

Few senators attended the Senate Judiciary Committee hearing. Five judicial nominees were facing confirmation. Sen Richard Durbin (D-Ill.) chaired the hearing instead of Chair Patrick Leahy (D-Vt.). Sens. Chris Coons (D-Del.) and Mike Lee (R-Utah) were the other two senators in attendance.

Sen. Barbara Boxer (D-Calif.), who recommended the nomination to the president, praised Fitzgerald and said his previous work as an attorney makes him well-suited for a position on the federal court.

“Michael’s record in the public and private sector demonstrates that he is a brilliant lawyer and a distinguished member of the legal community, and I am confident he will make an excellent judge,” Boxer said.

In her introduction, Boxer made no mention of Fitzgerald’s sexual orientation and didn’t note that his confirmation would make him the first out federal judge in California. A statement later distributed by Boxer’s office included this information.

Prior to joining Corbin, Fitzgerald & Athey LLP in 1998, Fitzgerald worked at the Law Offices of Robert L. Corbin PC and at the law firm of Heller, Ehrman, White & McAuliffe. Fitzgerald also served as an Assistant U.S. Attorney in Los Angeles, where he handled criminal cases, such as a drug and money laundering case involving what at that time was the second-largest cocaine seizure in California.

According to Boxer’s office, Fitzgerald has tried 26 cases to verdict, and the overwhelming majority were before a jury. Around 60 percent of his practice is in federal court. Fitzgerald was given a review by the American Bar Association, which gave him a rating of “unanimously well-qualified.”

Fitzgerald wrote in his questionnaire response to the committee that he served as a volunteer making telephone calls or knocking on doors for political campaigns, including President Obama’s 2008 campaign and the 2008 campaign against Proposition 8. Fitzgerald is also a member of the Harvard-Radcliffe Gay & Lesbian Caucus. From 2007 to 2008, he served on the leadership task force for the L.A. Gay & Lesbian Center. In the 1990s, he was a member of the Stonewall Democratic Club.

Accompanying Fitzgerald during the confirmation hearing was his father, James Fitzgerald, an Army veteran of the Korean War and a retired math teacher; his mother, Vivian Fitzgerald, a retired registered nurse; and his twin brother, Patrick Fitzgerald, a federal prosecutor in Los Angeles.

The only time during the hearing when sexual orientation was brought up was when Durbin asked about Fitzgerald’s role in the settlement of Buttino v. FBI. According to Fitzgerald’s questionnaire response, the 1993 class-action lawsuit involved Frank Buttino, a gay FBI specialist who was anonymously outed to his superior, resulting in the removal of his security clearance and subsequent firing. Fitzgerald writes he asked his law firm at the time to represent Buttino on a pro bono basis.

As a result of the settlement, the FBI renounced its prior policy of viewing homosexuality as a negative factor in regard to security clearances, the FBI agreed to hire an openly lesbian special agent and Buttino’s pension was restored.

Fitzgerald said he was asked to work on the case because of his work as a U.S. attorney, which made him familiar with the FBI, and was “pleased” to work on the case because of its background. The nominee noted that the case resulted in the change of policy that kept “gays and lesbians from being hired as special agents.”

Lee asked each of the nominees whether their advocacy roles in the past would impact their impartiality as a judge, and whether they wouldn’t “engage in political activism while on the bench.” Fitzgerald assured the Republican senator his previous work would have no influence on his decisions and he wouldn’t bring his personal or political views to bear on the cases that he considers.

“I don’t believe that it would have any influence on my service as a federal judge,” Fitzgerald said. “The bulk of my practice has been very much as a litigator for clients who have retained us for our expertise. As a judge, I would respect the rule of law and respect the court system and as a system which trying to do justice for the litigants pursuant to the facts as they were found without any reference to the background of the litigants.”

According to Senate Judiciary Committee hearing rules, the record will be kept open one week following the confirmation hearing of nominees. The committee could report Fitzgerald’s nomination to the full Senate sometime after that.

CORRECTION: An earlier version of this article misspelled the name of Michael Walter Fitzgerald. The Washington Blade regrets the error.

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National

Man charged in Mall of America shooting plot inspired by Pulse massacre: report

Suspect exchanged hundreds of messages, pledged loyalty to ISIS

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The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud with planning a crime of terrorism.

The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud, 18, of Richfield, Minn., on Oct. 7 with one count of knowingly receiving a firearm and ammunition in order to commit a federal crime of terrorism. Mohamud allegedly planned to carry out a mass-casualty attack in support of ISIS, inspired in part by the Pulse nightclub massacre that took place on June 12, 2016 when then-29-year-old Omar Mateen murdered 49 people and wounded 58 – one of the deadliest mass shootings in U.S. history, and the deadliest targeting the LGBTQ+ community. 

According to a DOJ statement release, Mohamud was arrested on Oct. 6 by the FBI, which had arranged to sell him an AK-47 assault rifle, magazines, and ammunition through an undercover FBI employee. Mohamud was arrested shortly after paying $600 in cash and taking possession of those items; he reaffirmed his intention to shoot people at the Mall of America during the transaction.

“Mohamud allegedly sought to carry out a mass-casualty shooting at the Mall of America, expressing a desire to emulate some of the most horrific ISIS-inspired attacks in the United States, including the atrocities at Pulse Nightclub and 2025 New Year’s Day attack in New Orleans,” said Assistant Attorney General for National Security John A. Eisenberg in the statement by the DOJ. “The National Security Division will continue to work closely with the FBI and Joint Terrorism Task Force to track down and prosecute ISIS-inspired terrorists in the United States.”

According to the complaint, beginning on or about December 2024, Mohamud had exchanged hundreds of messages through multiple social media and messaging apps with a confidential source, and expressed a desire to travel to Somalia to join a designated foreign terrorist organization to fight on their behalf.

The defendant stated many times that if he was unable to travel overseas because of a lack of funds, he planned to carry out a mass-casualty event in Minnesota in support of ISIS. 

According to the DOJ, “In July 2026, Mohamud sent messages discussing his intent to carry out a mass-casualty shooting attack at the Mall of America because he claimed it was owned by Jews. He wrote that [he] wanted to kill 30 to 60 people so no one would go there.”

“During the course of his communications, Mohamud stated that he wanted to commit an attack similar to those of the Pulse Nightclub mass-shooting in Orlando, the Bondi Beach mass-shooting in Australia, and the New Year’s Day vehicle-ramming attack in New Orleans.”

This case is being prosecuted by Trial Attorney Ryan White of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Benjamin Bejar for the District of Minnesota.

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California

Calif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’

Activists, anti-LGBTQ religious leaders criticized Steve Hilton spot

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(Screenshot of Steven Hilton ad)

Two women sit on a bed, a Pride flag hanging behind them. One is nervous; the other tells her to be calm and that she’ll do “all the work.” The music swells. The two hold hands and —  fill out a ballot voting for Steve Hilton? 

This is the new advertisement from the Hilton gubernatorial campaign that is drawing rebuke from both sides of the aisle, but for very different reasons. 

Jorge Reyes Salinas, the communications director at Equality California, said the ad was an insult to the queer community. 

“This ad is a disgusting attempt to exploit lesbian intimacy for political attention,” he said. The advertisement plays on media tropes that Salinas says “reduce lesbian and bisexual women … to sexual entertainment,” rather than showing them as well-rounded characters. “Any group of the LGBTQ+ community deserves the same dignity and respect as everyone else,” he said. 

The ad is truly hyper-sexualized. It ends with one woman telling the other, “Now lick it.” The two pause and stare before she reveals an envelope to send the ballot, and large text pops up saying, “Just try it!”  

Salinas characterized the ad as a desperate attempt to get attention from a candidate who is trailing far behind in the polls in heavily Democratic California. The Democratic candidate Xavier Becerra, who is endorsed by Equality California, holds a 25-point lead over Hilton according to recent polling by the UC Berkeley Institute of Governmental Studies. 

Conservatives have also criticized the ad.

Influential evangelical Pastor Jack Hibbs thought the ad was distasteful and said, “lesbianism among college girls and some high school girls that right now is an actual pandemic of social ill.” Republican attorney general candidate Michael Gates said it undermines “the sanctity of the relationship between parents and their children.” This criticism is rather confusing because although the ad features two relatively young women, they both appear to be adults, not minors. 

“The comments from Pastor Jack Hibbs should be criticized because there is nothing wrong with two women being attracted to each other,” Salinas said. “We’re calling out the ad’s stereotypes, while also rejecting the homophobia in the response to it … by other Republicans.” 

The backlash from Hilton’s own party and supporters shows that an advertisement full of queer innuendo was ill-considered, considering the national GOP’s attacks on LGBTQ people in recent years. Hilton himself has been campaigning against transgender girls and women competing in school sports and using locker rooms that correspond with their gender identity. This context might be why Hilton’s political base responded to the ad just as poorly as the liberal voters he was attempting to court. 

Hilton says the ad is part of a new series rolling out before Election Day, showing stereotypical California liberal archetypes voting for Hilton. He claims these ads are authentically filmed with real actors, as opposed to being A.I. generated, like many of his previous ads. One other advertisement has been released so far by the campaign showing a man at a spiritual retreat also being swayed to vote for Hilton, although it is notably absent of sexual innuendo.

Caleb Kaufman is a California Local News Fellow placed with the Los Angeles Blade. The California Local News Fellowship is a state-funded initiative to support and strengthen local news reporting. Learn more about it at fellowships.journalism.berkeley.edu/cafellows.

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2026 Midterm Elections

Trump uses anti-trans slur against Democratic Senate candidate

President mocked Annie Andrews

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.

In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.

Andrews is running against Graham for a Senate seat in the solidly Republican state.

Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.

Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”

“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”

Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.

“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.

Trump’s remarks have drawn criticism from leaders on both sides of the aisle.

Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”

“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.

Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”

“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.

South Carolina has not elected a Democratic senator in nearly three decades.

Andrews’s campaign website does not mention her positions on LGBTQ issues.

The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.

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