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Christie laughs about vetoing trans birth certificate bill

GOP hopeful says pro-trans measure went ‘beyond the pale’



Chris Christie, Republican Party, New Jersey, CPAC, Conservative Political Action Conference, gay news, Washington Blade
Chris Christie, Republican Party, New Jersey, CPAC, Conservative Political Action Conference, gay news, Washington Blade

Gov. Chris Christie laughed about vetoing a transgender birth certificate bill. (Washington Blade photo by Michael Key)

Republican presidential candidate and New Jersey Gov. Chris Christie laughed on Thursday about his recent veto of legislation that would have streamlined the process in his state for transgender people to change the gender marker on their birth certificates, saying the measure was “beyond the pale.”

The GOP hopeful chuckled about his actions during an interview with conservative radio host Michael Medved, who asked Christie about his veto on Monday of the legislation, S1195. Medved asked, “You have no compassion for the Caitlyn Jenners of this world?”

“Listen, for people who do not have a sex-change operation, all the bill required was somebody that who would seek a doctor’s treatment and that that doctor would verify they felt like the opposite gender,” Christie replied.

“I have to tell the truth, Michael, there are certain things that just go beyond the pale, and that’s not what I’m gonna permit the law to be in New Jersey,” Christie added. “It doesn’t make any sense to me, and that’s why I vetoed it again, and if they send it to me again, I will veto it again.”

When Medved responded with a remark about being “dangerously conservative,” Christie could be heard on the other line chuckling.

The bill, which was passed in the Democratic-majority legislature, sought to simplify the process allowing transgender people to change their birth certificates. Under current law, a transgender person in New Jersey must show evidence of gender reassignment surgery to make the change; the legislation would have eliminated the requirement.

For minors, the bill would have allowed a parent or guardian to submit an application for a change in gender marker on their child’s behalf.

As Christie noted in the interview, his veto on Monday was the second time he vetoed the legislation. In January 2014, Christie vetoed an identical bill, citing the same concerns as now and asking the legislature to make changes.

Had Christie signed the bill into law, New Jersey policy on birth certificates for transgender people would be similar to the way the Obama administration has streamlined the process to change a gender marker on federal documents, such as for Social Security services or a U.S. passport.

The cavalier attitude with which Christie talked about the pro-trans legislation in his interview contrasts with his statement on Monday explaining his veto of the bill. At the time, Christie said he rejected the measure out of concerns for out of concerns for potential fraud, deception and abuse. The governor also expressed an openness to reconsidering the measure if legislature addressed his security concerns and perceived legal uncertainties.

TJ Helmstetter, a spokesperson for the Democratic National Committee, took Christie to task for his remarks during the interview and the act itself of vetoing the bill.

“What goes beyond the pale is Chris Christie standing in the way of LGBT equality for years in New Jersey, and his policies that would take America backwards,” Helmstetter said. “It’s beyond the pale that instead of finding ways to move New Jersey forward, Christie chuckles and pursues his presidential ambitions.”

Christie remains behind in the polls in his pursuit of the Republican nomination to win the White House. Before and after the first presidential debate, Christie has polled about four percent in support among Republicans.

JoDee Winterhof, the Human Rights Campaign’s senior vice president of policy and political affairs, called on Christie to apologize for his remarks.

“It was bad enough that Gov. Christie vetoed this bill,” Winterhof said. “Now he has added insult to injury by demeaning the entire transgender community. What’s really beyond the pale is that a sitting governor, much less a candidate for the presidency, would use such offensive and harmful rhetoric in 2015. Chris Christie should immediately apologize.”

A spokesperson for the governor’s office referred the Washington Blade’s request for comment on whether Christie stands by his remarks to his presidential campaign. A campaign official clarified Christie’s comments were on the nature of legislation and not the transgender community, but didn’t have anything more to offer, such as an apology from the governor.

h/t Star-Ledger

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  1. Critifur

    August 13, 2015 at 5:07 pm

    I take no comfort in agreeing with Chirstie, I am loathe to agree, but…

    I really take issue with someone changing a birth certificate to indicate gender unless it lists it as a change in physical appearance, just as I take issue with a birth certificate listing two men as birth parents. Maybe I am missing something, but as a legal document, for the purpose of having records of reality. Two men cannot bring a child into the world on their own, and a birth certificate should list the people whose DNA created another person, then it might have an amendment for an adoptive parent, it does not lessen the adoptive parents place in the relationship or legal standing, but it is a record of reality. A trans person, for reasons of legal record, should record the child’s physical appearance at birth, and if that person changes their appearance, then there should be an amendment of the transition to a different physical appearance. As frustrating or disturbing it may be, a mtf trans person will never have ovaries or a womb, a ftm trans person will never have testes, or a fully functioning penis, that is reality, and should be recorded as such. Have a driver’s license or passport that states your current gender assignment, should be sufficient for anyone’s legal needs. I understand the feelings that someone is the gender they identify as, or two men insist that they are both the equal parent, (someone donated the sperm and someone donated the egg) there is a tipping point from trying to make everyone feel good over what is a legally descriptive document.

    It’s like the creationists insisting on having a history listing man living at the same time as dinosaurs, and as much as they would like that to be written into history, it isn’t reality, even if they want it to be.

    • van2Dpool

      August 13, 2015 at 5:35 pm

      Aside from providing a legal description, there are also parental rights that go with birth certificates. If only one half of a partnership is listed on the birth certificate, then only that half can have the parental rights of the child. Having two men, or two ladies, on the birth certificate guarantees parental rights for both of the people raising the child.
      Also, do a little research on intersex people. If you knew a little bit about that community, then maybe you’d backtrack on the assertion that a birth certificate should label the person’s genitals. Sometimes, it’s a little more complicated than just a describing either a penis or vagina.

      • Critifur

        August 13, 2015 at 6:07 pm

        I completely understand the legalities, as as I said there should be a listing for the adoptive parent. Normally this is handled by sealing the original birth records containing the birth parents names, or there is just adoption papers added on.

        I also understand the much about intersex people, but intersex is not the same as trans. In intersex situations when there is say ambiguous genitalia, or DNA does not match physicality, I believe that the person should be able to make the choice as to who they are/feel they are/know they are/when they need to make their own decision, and the records made to reflect that. The same with trans. Those facts should be recorded. I do not and would never deny anyone’s right to choose, or be who they are, nor deny them them their dignity, or treat them as anything less than. But facts should be recorded as they are. They are not lesser people because they are intersex, or trans, or gay, or of color, or challenged in some way. I suppose as in adoptions, maybe the original birth information should be sealed, but there should still be a record. Records need to be kept as factual, for what is and was. Why shouldn’t a birth certificate reflect trans or intersex for that matter, maybe a birth certificate should not be binary itself but reflect all the aspects of what a person might be in respect to gender, and parentage, and without judgement. But still a record of truth.

    • Gwynevere Mosher

      August 13, 2015 at 7:14 pm

      It seems that you are behind on the times, my friend. Two men can have a child. All they need is a surrogate mother (which there are plenty of available by choice), their stem cells, and a laboratory. This is the 21st century. Same-sex individuals having children can and does happen. Just because some individuals are ignorant to modern medical science, or advances in technology in general, does not mean that the law must reflect the less-than-average understanding of the world. That is not how it has ever worked. You also stated that MTF or FTM individuals will /NEVER/ have the genitals that they want with full reproductive capability, but that is also false. We have already 3D printed the vaginal canal, and it is incredibly easy to create other organs, as stem cells can become any type of tissue. All it would take is IVF, and complications at birth would be no different than any other time – many women with XY chromosomes have been able to have children in the past.

      Regardless of your feelings on this topic, you are out of the loop about what is currently happening, and your misconceptions should not be used to justify taking away someone else’s pursuit of happiness. You should, at the very least, have an informed opinion before you vote next time – or agree with a random politician that is obviously not living in this century.

      • Critifur

        August 13, 2015 at 7:41 pm

        Aren’t you a cute bait-er. While it is true that scientist are claiming an ability, to create a zygote from the sperm of two men and a donated egg. It has not as yet occurred, you still have to wait a while for the 21st century to catch up, once that does happen, record it in the birth record. Though my thoughts on that, is that is it extremely wasteful, expensive and selfish to accomplish, just to satisfy a need to claim DNA ownership when children in need of adoption abound.

        I also said that ftm and mtf trans people will never have reproductive organs, and while it may be possible to clinically reproduce them, someday, you are fantasizing that “it is incredibly easy to create other organs”. Laughable actually. No, it is still incredibly difficult to come close to replicating organs. If it was easy there would be a great production of hearts, lungs, livers, kidneys, eyes, etc, needed for recipients, and yet we don’t have that capability either. Certainly testes and ovaries are not at the top of the list of “to dos” of organ creation for trans folk, before we have replaced the heart of a little kid with a heart malformation.

        Either way, I think you missed my statement about my being, for being, whoever you are without judgement. You should maybe read all of my words, not just the one you want to take offense at. I am informed well enough.

        That is all I need to say, nor do I have further need to argue my point. Good night.

    • Peking_Duck_sd

      August 14, 2015 at 12:43 am

      I don’t follow your logic. We are not talking about medical records here, we are talking about documents that prove someone’s current identity and citizenship. If someone identifies as a different gender, that is reality. If someone identifies non-biologically related people as their parents, that is reality.

      • Critifur

        August 14, 2015 at 9:28 am

        We ARE talking about records, that is exactly what a birth certificate is, a record of birth. and any change to that record should be amended but not wholly changed.

        A document that proves identity is a driver’s license, state ID or passport, and those documents should reflect as closely as possible to what ever identity the holder claims at that time.

  2. Peking_Duck_sd

    August 14, 2015 at 12:36 am

    America is a diverse land, and we need a President who understands ALL citizens. The problem is not just that Christie vetoed this, but the dismissive and cavalier manner had when he did it. He thinks the rights of trans Americans are a joke. I wonder how many other groups of people Christe writes off as being non-important? It’s the same ignorant and dismissive attitude we saw with Huckabee when he made that creepy joke about wanting to shower with high school girls. It’s an inability to have any understanding of anyone different than themselves.

    • Barb C

      August 14, 2015 at 3:02 am

      He’s dismissive and cavalier about many things. He’s a top notch jerk.

  3. GayEGO

    August 14, 2015 at 12:13 pm

    And Chris Christie will be vetoed from the GOP candidates which is probably why he is trying to feel better by laughing at his veto.

  4. zFashionizta

    August 19, 2015 at 6:49 am

    I don’t get changing they persons gender on the birth certificate, my birth certificate states my sex not my gender, so if I transitioned F2M its a fact that my sex would still be Female, I’m realistic so I know its impossible to have chromosome assignment surgery.

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Equality Act, contorted as a danger by anti-LGBTQ forces, is all but dead

No political willpower to force vote or reach a compromise



Despite having President Biden in the White House and Democratic majorities in both chambers of Congress, efforts to update federal civil rights laws to strengthen the prohibition on discrimination against LGBTQ people by passing the Equality Act are all but dead as opponents of the measure have contorted it beyond recognition.

Political willpower is lacking to find a compromise that would be acceptable to enough Republican senators to end a filibuster on the bill — a tall order in any event — nor is there the willpower to force a vote on the Equality Act as opponents stoke fears about transgender kids in sports and not even unanimity in the Democratic caucus in favor of the bill is present, stakeholders who spoke to the Blade on condition of anonymity said.

In fact, there are no imminent plans to hold a vote on the legislation even though Pride month is days away, which would be an opportune time for Congress to demonstrate solidarity with the LGBTQ community by holding a vote on the legislation.

If the Equality Act were to come up for a Senate vote in the next month, it would not have the support to pass. Continued assurances that bipartisan talks are continuing on the legislation have yielded no evidence of additional support, let alone the 10 Republicans needed to end a filibuster.

“I haven’t really heard an update either way, which is usually not good,” one Democratic insider said. “My understanding is that our side was entrenched in a no-compromise mindset and with [Sen. Joe] Manchin saying he didn’t like the bill, it doomed it this Congress. And the bullying of hundreds of trans athletes derailed our message and our arguments of why it was broadly needed.”

The only thing keeping the final nail from being hammered into the Equality Act’s coffin is the unwillingness of its supporters to admit defeat. Other stakeholders who spoke to the Blade continued to assert bipartisan talks are ongoing, strongly pushing back on any conclusion the legislation is dead.

Alphonso David, president of the Human Rights Campaign, said the Equality Act is “alive and well,” citing widespread public support he said includes “the majority of Democrats, Republicans and independents and a growing number of communities across the country engaging and mobilizing every day in support of the legislation.”

“They understand the urgent need to pass this bill and stand up for LGBTQ people across our country,” David added. “As we engage with elected officials, we have confidence that Congress will listen to the voices of their constituents and continue fighting for the Equality Act through the lengthy legislative process.  We will also continue our unprecedented campaign to grow the already-high public support for a popular bill that will save lives and make our country fairer and more equal for all. We will not stop until the Equality Act is passed.”

Sen. Jeff Merkley (D-Ore.), chief sponsor of the Equality Act in the Senate, also signaled through a spokesperson work continues on the legislation, refusing to give up on expectations the legislation would soon become law.

“Sen. Merkley and his staff are in active discussions with colleagues on both sides of the aisle to try to get this done,” McLennan said. “We definitely see it as a key priority that we expect to become law.”

A spokesperson Senate Majority Leader Charles Schumer (D-N.Y.), who had promised to force a vote on the Equality Act in the Senate on the day the U.S. House approved it earlier this year, pointed to a March 25 “Dear Colleague” letter in which he identified the Equality Act as one of several bills he’d bring up for a vote.

Despite any assurances, the hold up on the bill is apparent. Although the U.S. House approved the legislation earlier this year, the Senate Judiciary Committee hasn’t even reported out the bill yet to the floor in the aftermath of the first-ever Senate hearing on the bill in March. A Senate Judiciary Committee Democratic aide, however, disputed that inaction as evidence the Equality Act is dead in its tracks: “Bipartisan efforts on a path forward are ongoing.”

Democrats are quick to blame Republicans for inaction on the Equality Act, but with Manchin withholding his support for the legislation they can’t even count on the entirety of their caucus to vote “yes” if it came to the floor. Progressives continue to advocate an end to the filibuster to advance legislation Biden has promised as part of his agenda, but even if they were to overcome headwinds and dismantle the institution needing 60 votes to advance legislation, the Equality Act would likely not have majority support to win approval in the Senate with a 50-50 party split.

The office of Manchin, who has previously said he couldn’t support the Equality Act over concerns about public schools having to implement the transgender protections applying to sports and bathrooms, hasn’t responded to multiple requests this year from the Blade on the legislation and didn’t respond to a request to comment for this article.

Meanwhile, Sen. Susan Collins (R-Maine), who declined to co-sponsor the Equality Act this year after having signed onto the legislation in the previous Congress, insisted through a spokesperson talks are still happening across the aisle despite the appearances the legislation is dead.

“There continues to be bipartisan support for passing a law that protects the civil rights of Americans, regardless of their sexual orientation or gender identity,” said Annie Clark, a Collins spokesperson. “The Equality Act was a starting point for negotiations, and in its current form, it cannot pass. That’s why there are ongoing discussions among senators and stakeholders about a path forward.”

Let’s face it: Anti-LGBTQ forces have railroaded the debate by making the Equality Act about an end to women’s sports by allowing transgender athletes and danger to women in sex-segregated places like bathrooms and prisons. That doesn’t even get into resolving the issue on drawing the line between civil rights for LGBTQ people and religious freedom, which continues to be litigated in the courts as the U.S. Supreme Court is expected any day now to issue a ruling in Fulton v. City of Philadelphia to determine if foster care agencies can reject same-sex couples over religious objections.

For transgender Americans, who continue to report discrimination and violence at high rates, the absence of the Equality Act may be most keenly felt.

Mara Keisling, outgoing executive director of the National Center for Transgender Equality, disputed any notion the Equality Act is dead and insisted the legislation is “very much alive.”

“We remain optimistic despite misinformation from the opposition,” Keisling said. “NCTE and our movement partners are still working fruitfully on the Equality Act with senators. In fact, we are gaining momentum with all the field organizing we’re doing, like phone banking constituents to call their senators. Legislating takes time. Nothing ever gets through Congress quickly. We expect to see a vote during this Congress, and we are hopeful we can win.”

But one Democratic source said calls to members of Congress against the Equality Act, apparently coordinated by groups like the Heritage Foundation, have has outnumbered calls in favor of it by a substantial margin, with a particular emphasis on Manchin.

No stories are present in the media about same-sex couples being kicked out of a restaurant for holding hands or transgender people for using the restroom consistent with their gender identity, which would be perfectly legal in 25 states thanks to the patchwork of civil rights laws throughout the United States and inadequate protections under federal law.

Tyler Deaton, senior adviser for the American Unity Fund, which has bolstered the Republican-led Fairness for All Act as an alternative to the Equality Act, said he continues to believe the votes are present for a compromise form of the bill.

“I know for a fact there is a supermajority level of support in the Senate for a version of the Equality Act that is fully protective of both LGBTQ civil rights and religious freedom,” Deaton said. “There is interest on both sides of the aisle in getting something done this Congress.”

Deaton, however, didn’t respond to a follow-up inquiry on what evidence exists of agreeing on this compromise.

Biden has already missed the goal he campaigned on in the 2020 election to sign the Equality Act into law within his first 100 days in office. Although Biden renewed his call to pass the legislation in his speech to Congress last month, as things stand now that appears to be a goal he won’t realize for the remainder of this Congress.

Nor has the Biden administration made the Equality Act an issue for top officials within the administration as it pushes for an infrastructure package as a top priority. One Democratic insider said Louisa Terrell, legislative affairs director for the White House, delegated work on the Equality Act to a deputy as opposed to handling it herself.

To be sure, Biden has demonstrated support for the LGBTQ community through executive action at an unprecedented rate, signing an executive order on day one ordering federal agencies to implement the U.S. Supreme Court’s decision last year in Bostock v. Clayton County to the fullest extent possible and dismantling former President Trump’s transgender military ban. Biden also made historic LGBTQ appointments with the confirmation of Transportation Secretary Pete Buttigieg and Rachel Levine as assistant secretary of health.

A White House spokesperson insisted Biden’s team across the board remains committed to the Equality Act, pointing to his remarks to Congress.

“President Biden has urged Congress to get the Equality Act to his desk so he can sign it into law and provide long overdue civil rights protections to LGBTQ+ Americans, and he remains committed to seeing this legislation passed as quickly as possible,” the spokesperson said. “The White House and its entire legislative team remains in ongoing and close coordination with organizations, leaders, members of Congress, including the Equality Caucus, and staff to ensure we are working across the aisle to push the Equality Act forward.”

But at least in the near-term, that progress will fall short of fulfilling the promise of updating federal civil rights law with the Equality Act, which will mean LGBTQ people won’t be able to rely on those protections when faced with discrimination based on sexual orientation or gender identity.

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D.C. bill to ban LGBTQ panic defense delayed by Capitol security

Delivery of bill to Congress was held up due to protocols related to Jan. 6 riots



New fencing around the Capitol following the Jan. 6 insurrection prevented some D.C. bills from being delivered to the Hill for a required congressional review. (Blade file photo by Michael K. Lavers)

A bill approved unanimously last December by the D.C. Council to ban the so-called LGBTQ panic defense has been delayed from taking effect as a city law because the fence installed around the U.S. Capitol following the Jan. 6 insurrection prevented the law from being delivered to Congress.

According to Eric Salmi, communications director for D.C. Council member Charles Allen (D-Ward 6), who guided the bill through the Council’s legislative process, all bills approved by the Council and signed by the D.C. mayor must be hand-delivered to Congress for a required congressional review.

“What happened was when the Capitol fence went up after the January insurrection, it created an issue where we physically could not deliver laws to Congress per the congressional review period,” Salmi told the Washington Blade.

Among the bills that could not immediately be delivered to Congress was the Bella Evangelista and Tony Hunter Panic Defense Prohibition and Hate Crimes Response Amendment Act of 2020, which was approved by the Council on a second and final vote on Dec. 15.

Between the time the bill was signed by Mayor Muriel Bowser and published in the D.C. Register under procedural requirements for all bills, it was not ready to be transmitted to Congress until Feb. 16, the Council’s legislative record for the bill shows.

Salmi said the impasse in delivering the bill to Congress due to the security fence prevented the bill from reaching Congress on that date and prevented the mandatory 60-day congressional review period for this bill from beginning at that time. He noted that most bills require a 30 legislative day review by Congress.

But the Evangelista-Hunter bill, named after a transgender woman and a gay man who died in violent attacks by perpetrators who attempted to use the trans and gay panic defense, includes a law enforcement related provision that under the city’s Home Rule Charter passed by Congress in the early 1970s requires a 60-day congressional review.

“There is a chance it goes into effect any day now, just given the timeline is close to being up,” Salmi said on Tuesday. “I don’t know the exact date it was delivered, but I do know the countdown is on,” said Salmi, who added, “I would expect any day now it should go into effect and there’s nothing stopping it other than an insurrection in January.”

If the delivery to Congress had not been delayed, the D.C. Council’s legislative office estimated the congressional review would have been completed by May 12.

A congressional source who spoke on condition of being identified only as a senior Democratic aide, said the holdup of D.C. bills because of the Capitol fence has been corrected.

“The House found an immediate workaround, when this issue first arose after the Jan. 6 insurrection,” the aide said.

“This is yet another reason why D.C. Council bills should not be subject to a congressional review period and why we need to grant D.C. statehood,” the aide said.

The aide added that while no disapproval resolution had been introduced in Congress to overturn the D.C. Evangelista-Hunter bill, House Democrats would have defeated such a resolution.

“House Democrats support D.C. home rule, statehood, and LGBTQ rights,” said the aide.

LGBTQ rights advocates have argued that a ban on using a gay or transgender panic defense in criminal trials is needed to prevent defense attorneys from inappropriately asking juries to find that a victim’s sexual orientation or gender identity or expression is to blame for a defendant’s criminal act, including murder.

Some attorneys have argued that their clients “panicked” after discovering the person against whom they committed a violent crime was gay or transgender, prompting them to act in a way they believed to be a form of self-defense.

In addition to its provision banning the LGBTQ panic defense, the Evangelista-Hunter bill includes a separate provision that strengthens the city’s existing hate crimes law by clarifying that hatred need not be the sole motivating factor for an underlying crime such as assault, murder, or threats to be prosecuted as a hate crime.

LGBTQ supportive prosecutors have said the clarification was needed because it is often difficult to prove to a jury that hatred is the only motive behind a violent crime. The prosecutors noted that juries have found defendants not guilty of committing a hate crime on grounds that they believed other motives were involved in a particular crime after defense lawyers argued that the law required “hate” to be the only motive in order to find someone guilty of a hate crime.

Salmi noted that while the hate crime clarification and panic defense prohibition provisions of the Evangelista-Hunter bill will become law as soon as the congressional review is completed, yet another provision in the bill will not become law after the congressional review because there are insufficient funds in the D.C. budget to cover the costs of implementing the provision.

The provision gives the D.C. Office of Human Rights and the Office of the D.C. Attorney General authority to investigate hate related discrimination at places of public accommodation. Salmi said the provision expands protections against discrimination to include web-based retailers or online delivery services that are not physically located in D.C.

“That is subject to appropriations,” Salmi said. “And until it is funded in the upcoming budget it cannot be legally enforced.”

He said that at Council member Allen’s request, the Council added language to the bill that ensures that all other provisions of the legislation that do not require additional funding – including the ban on use of the LGBTQ panic defense and the provision clarifying that hatred doesn’t have to be the sole motive for a hate crime – will take effect as soon as the congressional approval process is completed.

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D.C. man charged with 2020 anti-gay death threat rearrested

Defendant implicated in three anti-LGBTQ incidents since 2011



shooting, DC Eagle, assault, hate crime, anti-gay attack, police discrimination, sex police, Sisson, gay news, Washington Blade

A D.C. man arrested in August 2020 for allegedly threatening to kill a gay man outside the victim’s apartment in the city’s Adams Morgan neighborhood and who was released while awaiting trial was arrested again two weeks ago for allegedly threatening to kill another man in an unrelated incident.

D.C. Superior Court records show that Jalal Malki, who was 37 at the time of his 2020 arrest on a charge of bias-related attempts to do bodily harm against the gay man, was charged on May 4, 2021 with unlawful entry, simple assault, threats to kidnap and injure a person, and attempted possession of a prohibited weapon against the owner of a vacant house at 4412 Georgia Ave., N.W.

Court charging documents state that Malki was allegedly staying at the house without permission as a squatter. An arrest affidavit filed in court by D.C. police says Malki allegedly threatened to kill the man who owns the house shortly after the man arrived at the house while Malki was inside.

According to the affidavit, Malki walked up to the owner of the house while the owner was sitting in his car after having called police and told him, “If you come back here, I’m going to kill you.” While making that threat Malki displayed what appeared to be a gun in his waistband, but which was later found to be a toy gun, the affidavit says.

Malki then walked back inside the house minutes before police arrived and arrested him. Court records show that similar to the court proceedings following his 2020 arrest for threatening the gay man, a judge in the latest case ordered Malki released while awaiting trial. In both cases, the judge ordered him to stay away from the two men he allegedly threatened to kill.

An arrest affidavit filed by D.C. police in the 2020 case states that Malki allegedly made the threats inside an apartment building where the victim lived on the 2300 block of Champlain Street, N.W. It says Malki was living in a nearby building but often visited the building where the victim lived.

“Victim 1 continued to state during an interview that it was not the first time that Defendant 1 had made threats to him, but this time Defendant 1 stated that if he caught him outside, he would ‘fucking kill him.’” the affidavit says. It quotes the victim as saying during this time Malki repeatedly called the victim a “fucking faggot.”

The affidavit, prepared by the arresting officers, says that after the officers arrested Malki and were leading him to a police transport vehicle to be booked for the arrest, he expressed an “excited utterance” that he was “in disbelief that officers sided with the ‘fucking faggot.’”

Court records show that Malki is scheduled to appear in court on June 4 for a status hearing for both the 2020 arrest and the arrest two weeks ago for allegedly threatening to kill the owner of the house in which police say he was illegally squatting.

Superior Court records show that Malki had been arrested three times between 2011 and 2015 in cases unrelated to the 2021 and 2020 cases for allegedly also making threats of violence against people. Two of the cases appear to be LGBTQ related, but prosecutors with the U.S. Attorney’s Office did not list the cases as hate crimes.

In the first of the three cases, filed in July 2011, Malki allegedly shoved a man inside Dupont Circle and threatened to kill him after asking the man why he was wearing a purple shirt.

“Victim 1 believes the assault occurred because Suspect 1 believes Victim 1 is a homosexual,” the police arrest affidavit says.

Court records show prosecutors charged Malki with simple assault and threats to do bodily harm in the case. But the court records show that on Sept. 13, 2011, D.C. Superior Court Judge Stephen F. Eilperin found Malki not guilty on both charges following a non-jury trial.

The online court records do not state why the judge rendered a not guilty verdict. With the courthouse currently closed to the public and the press due to COVID-related restrictions, the Washington Blade couldn’t immediately obtain the records to determine the judge’s reason for the verdict.

In the second case, court records show Malki was arrested by D.C. police outside the Townhouse Tavern bar and restaurant at 1637 R St., N.W. on Nov. 7, 2012 for allegedly threatening one or more people with a knife after employees ordered Malki to leave the establishment for “disorderly behavior.”

At the time, the Townhouse Tavern was located next door to the gay nightclub Cobalt, which before going out of business two years ago, was located at the corner of 17th and R Streets, N.W.

The police arrest affidavit in the case says Malki allegedly pointed a knife in a threatening way at two of the tavern’s employees who blocked his path when he attempted to re-enter the tavern. The affidavit says he was initially charged by D.C. police with assault with a dangerous weapon – knife. Court records, however, show that prosecutors with the U.S. Attorney’s Office lowered the charges to two counts of simple assault. The records show that on Jan. 15, 2013, Malki pleaded guilty to the two charges as part of a plea bargain arrangement.

The records show that Judge Marissa Demeo on that same day issued a sentence of 30 days for each of the two charges but suspended all 30 days for both counts. She then sentenced Malki to one year of supervised probation for both charges and ordered that he undergo alcohol and drug testing and undergo treatment if appropriate.

In the third case prior to the 2020 and 2021 cases, court records show Malki was arrested outside the Cobalt gay nightclub on March 14, 2015 on multiple counts of simple assault, attempted assault with a dangerous weapon – knife, possession of a prohibited weapon – knife, and unlawful entry.

The arrest affidavit says an altercation started on the sidewalk outside the bar when for unknown reasons, Malki grabbed a female customer who was outside smoking and attempted to pull her toward him. When her female friend came to her aid, Malki allegedly got “aggressive” by threatening the woman and “removed what appeared to be a knife from an unknown location” and pointed it at the woman’s friend in a threatening way, the affidavit says.

It says a Cobalt employee minutes later ordered Malki to leave the area and he appeared to do so. But others noticed that he walked toward another entrance door to Cobalt and attempted to enter the establishment knowing he had been ordered not to return because of previous problems with his behavior, the affidavit says. When he attempted to push away another employee to force his way into Cobalt, Malki fell to the ground during a scuffle and other employees held him on the ground while someone else called D.C. police.

Court records show that similar to all of Malki’s arrests, a judge released him while awaiting trial and ordered him to stay away from Cobalt and all of those he was charged with threatening and assaulting.

The records show that on Sept. 18, 2015, Malki agreed to a plea bargain offer by prosecutors in which all except two of the charges – attempted possession of a prohibited weapon and simple assault – were dropped. Judge Alfred S. Irving Jr. on Oct. 2, 2015 sentenced Malki to 60 days of incarnation for each of the two charges but suspended all but five days, which he allowed Malki to serve on weekends, the court records show.

The judge ordered that the two five-day jail terms could be served concurrently, meaning just five days total would be served, according to court records. The records also show that Judge Irving sentenced Malki to one year of supervised probation for each of the two counts and ordered that he enter an alcohol treatment program and stay away from Cobalt.

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