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Lesbian judicial nominee pledges fairness on the bench

Chen takes questions on judicial modesty, but LGBT issues don’t come up

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Pamela Ki Mai Chen, federal judge nominee, lesbian, attorney, New York, Senate Judicial Committee
Pamela Ki Mai Chen, federal judge nominee, lesbian, attorney, New York, Senate Judicial Committee

Pamela Ki Mai Chen (Washington Blade photo by Michael Key)

A lesbian federal court nominee faced questions during her nomination hearing on Wednesday about her history in party politics and judicial temperament, but sexual orientation or LGBT issues didn’t come into play.

Pamela Ki Mai Chen, whom President Obama nominated in August for a seat on the U.S. District Court for the Eastern District of New York, took questions during her hearing before the Senate Judiciary Committee on a panel of five judicial nominees.

If confirmed, Chen would join four other openly gay judges currently sitting on the federal bench and be the first Asian-American member of the LGBT community to sit on the federal court.

Perhaps the most pointed question came from Sen. Charles Grassley (R-Iowa), the ranking Republican, who asked about her work in party politics. The senator said that there wasn’t anything wrong with a judicial nominee having this history, but questioned whether it would interfere with her ability to rule impartially on cases.

“Absolutely, I can assure you that politics will play no role in my decision making were I fortunate enough to be confirmed,” Chen said. “The assurances I can give you are based on my career as a public servant and working for the Department of Justice. No one accused me of ever making a decision based on any kind of political ideology, and I think my record speaks for itself over the last 20 years.”

No questions came up during the hearing about sexual orientation or how she’d rule if presented with an LGBT-related case. Those issues are also largely absent from the questionnaire she submitted to the committee, which largely discusses her casework as a federal prosecutor and her focus on prosecuting human trafficking. The only LGBT reference found in the questionnaire was her membership in the National LGBT Bar Association.

Sen. Charles Schumer (D-N.Y.), who recommended the Chen nomination to Obama, introduced the nominee to the committee as he chaired the panel in the absence of Sen. Patrick Leahy (D-Vt.). Schumer made a special mention of Chen’s partner, Amy Chester, as well as her partner’s sister, Sara Glasser.

Schumer touted Chen’s work as a U.S. attorney for the Eastern District of New York, where she has served since 1998 — now as chief of the office’s civil rights litigation unit. The senator said she’s prosecuted “all manner of public corruption, gang, narcotics, and terrorism cases,” but he particularly praised her work against human trafficking, saying she’s become “internationally renowned for her tough and important prosecutions.”

“Ms. Chen is, all in all, not just a career prosecutor – although that in itself is a high calling – but a person whose lifelong dedication to justice, and to simply doing the right thing, bespeaks a perfect temperament for the bench,” Schumer said. “Anyone who knows her whom you talk to in New York will attest to this quality, and I look forward to many more years of Ms. Chen’s public service.”

Keeping her opening remarks concise, Chen recognized her partner seated behind her and family watching via the webcast in addition to thanking Obama for nominating her for the position.

To each of the nominees, Schumer asked how their experience would impact their decisions as judges and their views on judicial moderation. In response, Chen said she believes being a federal prosecutor has prepared her for a role on the court and taught her the importance of the rule of law, fairness and impartiality. She added judicial modesty means to her “understanding the limited role of the judiciary” and following precedent.

A Chinese-American, Chen’s parents were both born in China, but met after they both moved to the United States. Prior to working as a U.S. attorney, Chen was a trial attorney in the Special Litigation Section of the Civil Rights Division at the U.S. Justice Department. She began her legal career in D.C., at the criminal defense firm of Asbill, Junkin, Myers & Buffone and at the law firm of Arnold & Porter after receiving her law degree in 1986 from the Georgetown University. Chen received a rating of “unanimously qualified” from the American Bar Association.

Sen. Mike Lee (R-Utah) questioned Chen about the criteria by which she’d interpret statutes and asked if she’d be more swayed by the words themselves or her perception of the subjective intent of the legislators who create the laws. As he asked the question, Lee noted Chen was smiling, saying, “I can tell you’re excited about that. That’s good. It speaks well of your enthusiasm to the task.”

“Certainly the former, rather than the latter,” Chen replied. “The plain text of a statute is the first thing, the primary source of interpretation. If the meaning is plain on the face of the statute, then the interpretation process stops there. If there’s any ambiguity about the meaning of the plain language of the statute itself, then I would refer to precedent, and interpretations of the statute that are controlling in my district, which would be the Second Circuit of the Supreme Court. If there was no directly controlling precedent, I would look for interpretations of analogous statutes or precedent in those circuits that would be guiding in some way or helpful. And then lastly, if all else fails, looking again at legislative history would be another source to divining the meaning of a statute.”

Sen. Al Franken (D-Minn.) asked nominees about the importance of the federal government providing resources to localities to confront domestic violence and sex trafficking, citing the need to pass pending reauthorization of the Violence Against Women Act. The Senate version of the the legislation contains explicit protections for the LGBT community against domestic violence, but this language isn’t found in the House version of the bill.

Chen affirmed the importance of localities participating in these efforts, saying, “The importance of local law enforcement and local advocacy agencies — I can attest personally, because of their nature of the crime being so hidden — it’s essential that first responders and people within these communities are able to help identify victims of trafficking, help provide support to them and help bring them to the attention of the local authorities. We’ve done that in countless cases.”

The Senate is poised to adjourn at the end of this week to allow the senators to run their campaigns, so the committee vote on the nomination couldn’t come up until the lame duck session of Congress after Election Day. Given Senate Republicans’ history of obstructing judicial nominees, whether she’ll get a vote in the Senate or have enough votes for confirmation remains to be seen.

 

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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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