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DOJ finalizes rule to protect LGBT inmates against prison rape

Memo says immigration detention facilities will have to follow suit

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The Justice Department made final a rule Thursday to prevent sexual abuse in federal prisons that included provisions aimed at providing better protection for LGBT inmates.

The rule, the first-ever federal effort to set standards at all jail facilities, is in accordance with the Prison Rape Elimination Act of 2003. It was first proposed last year.

According to a statement from the Justice Department, the standards require, among other things, that facilities try to prevent sexual violence in prison by incorporating the unique vulnerabilities of LGBT people as well as intersex and gender nonconforming inmates into training and screening protocols.

“Sexual violence, against any victim, is an assault on human dignity and an affront to American values,” President Obama wrote in a memorandum accompanying the announcement. “The Prison Rape Elimination Act of 2003 (PREA) was enacted with bipartisan support and established a ‘zero tolerance standard’ for rape in prisons in the United States.”

The standards include specialized training for prison staff and screenings in detention settings to determine if LGBT inmates are at higher risk for being targeted for sexual abuse. The new rule has particular impact on transgender inmates. Agencies must train security staff on respectful searches of transgender inmates; transgender people can’t be assigned to a male or female facility based solely on their anatomy; and transgender inmates will be given the opportunity to shower separately from other inmates.

LGBT advocates hailed the codification of the rule for extending new protections for LGBT inmates — who are seen as being more vulnerable to sexual violence while in prison. According to the National Center for Transgender Equality, one in three former transgender inmates report being sexually abused.

Rea Carey, executive director of the National Gay & Lesbian Task Force, said “no one — and I mean no one” should be subjected to the pain and indignity of rape — even individuals who are incarcerated.

“By adopting these national standards to prevent, detect and respond to prison rape, the federal government put its foot down and said ‘no more.’ LGBT people, often the targets of brutality in detention settings, stand much to gain,” Carey said. “Lives are literally on the line, and these historic standards will help combat this terrible epidemic and lift our common humanity.”

Mara Keisling, executive director of the National Center for Transgender Equality, also called the finalization of the rule significant.

“We have an obligation as civilized people to protect the people we incarcerate,” Keisling said. “That has always been an American promise, but one we have barely tried to keep. These new standards, if fully implemented, have the potential to help us keep that promise at least in terms of sexual assault.”

The memorandum says that rule applies to facilities administered by agencies other than the Justice Department. Such facilities would likely include immigration detention facilities run by the private companies or the Department of Homeland Security. Agencies with federal confinement facilities not subject to the Justice Department’s final rule must propose within 120 days any rules or procedures necessary to satisfy the requirements of the law, and make final any such rules or procedures within 240 days of their proposal.

Peter Boogard, a DHS spokesperson, said his department “fully embraces” the law and looks forward to implementing the provisions under the new rule.

“The regulations will build on the substantial improvements we have made to agency policy and procedures to prevent, detect and respond to sexual abuse in immigration detention,” Boogard said. “DHS will move swiftly to promulgate these regulations and will work with the attorney general and others to ensure that the regulations satisfy the requirements of the statute.”

Mary Meg McCarthy, executive director of Heartland Alliance’s National Immigrant Justice Center, urged the Obama administration to monitor DHS closely to ensure the department implements the rule in a timely manner.

“The U.S. government has finally acknowledged that immigrant detainees must be protected from sexual violence while in immigration custody,” said McCarthy said. “We wish the regulations applied to immigration detention facilities immediately.  Instead, DHS has another year to implement a law that has been on the books for nearly a decade. Some of the individual provisions announced today are evidence of the Obama administration’s commitment to protecting immigrants from abuse, particularly those who are vulnerable because of their sexual orientation or sexual identity.”

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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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