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Sessions tapped as AG despite anti-LGBT views, charges of racism

Alabama senator called ruling on marriage ‘unconstitutional’



Jeff Sessions, United States Senate, Alabama, gay news, Washington Blade

Sen. Jeff Sessions (R-Ala.) (Washington Blade photo by Michael Key)

President-elect Donald Trump has selected as his attorney general an Alabama Republican who not only was once denied a seat on the federal judiciary for allegedly making racist comments, but has been hostile to LGBT rights over the course of his career.

On Friday, Trump announced in a statement Sen. Jeff Sessions (R-Ala.), an early supporter of the president-elect during the Republican presidential primary, would be his choice for attorney general.

“It is an honor to nominate U.S. Sen. Jeff Sessions to serve as Attorney General of the United States,” Trump said. “Jeff has been a highly respected member of the U.S. Senate for 20 years. He is a world-class legal mind and considered a truly great attorney general and U.S. attorney in the state of Alabama. Jeff is greatly admired by legal scholars and virtually everyone who knows him.”

Prior to his tenure in the U.S. Senate starting in 1997, former President Reagan nominated Sessions in 1986 for a seat on the federal judiciary in Alabama, but his nomination was rejected over accusations of racism.

Among the lawyers who testified against Sessions at the time said Sessions called the NAACP and the American Civil Liberties Union “un-American” and “Communist-inspired” and said they “forced civil rights down the throats of people.”

Thomas Figures, a black assistant U.S. attorney, testified Sessions said the Ku Klux Klan was “OK until I found out they smoked pot.” (Sessions said he was joking, but apologized for the remark.) Figures also said Sessions called him “boy” and that Sessions advised him to “be careful what you say to white folks.” Sessions was also reported to have called a white civil rights attorney a “disgrace to his race” for defending black clients.

Sessions denied the allegations, said his remarks were taken out of context or meant in jest. He also said that groups could be considered un-American when “they involve themselves in un-American positions” on foreign policy.

Anthony Romero, executive director of the ACLU, said in a statement his organization would “flatly reject” any assertion from Sessions the ACLU is “un-American and communist.”

“His positions on LGBT rights, capital punishment, abortion rights, and presidential authority in times of war have been contested by the ACLU and other civil rights organizations,” Romero said. “As the nation’s highest-ranking law enforcement official, the attorney general is charged with protecting the rights of all Americans. In his confirmation hearings, senators, the media, and the American public should closely examine his stances on these key issues to ensure we can have confidence in his ability to uphold the Constitution and our laws on behalf of all Americans.”

Decades later during his tenure in the U.S. Senate, Sessions resisted LGBT rights advancements. In each of the Human Rights Campaign’s congressional scorecards, Sessions has generally scored “0” for each Congress in which he served. (The one exception was the 112th Congress, when Sessions obtained a score of “15” for voting to confirm U.S. District Judge J. Paul Oetken, who became the first openly gay male to serve on the federal judiciary.)

Among his earlier votes in 2004 and 2006 in the Senate were for a U.S. constitutional amendment that would have banned same-sex marriage nationwide and prevented the U.S. Supreme Court last year from ruling in favor of marriage equality.

A member of the Senate Armed Services Committee, Sessions was among those most outspoken against “Don’t Ask, Don’t Tell” repeal along with Sens. John McCain (R-Ariz.) and Sen. Lindsey Graham (R-S.C.). During a Senate hearing in December 2010 as Congress debated repeal, Sessions called the issue a “difficult discussion.”

“It was predicted it would have some disruptive effect on the military,” Sessions said. “I believe it probably has. It’s probably not been good for morale and problems have arisen from it, and I’m inclined to the personal views that ‘Don’t Ask, Don’t Tell’ has been pretty effective and I’m dubious about the change, although I fully recognize that good people could disagree on that subject.”

Upon the U.S. Supreme Court decision last year in favor of same-sex marriage nationwide, Sessions told WKRG-TV in Alabama he opposed the decision because “if a court can do that on a question of marriage then it can do it on almost any other issue.”

“I think what this court did was unconstitutional,” Sessions said. “There’s nothing in the Constitution that requires such a result. No mention of marriage in the Constitution.”

More recently, Sessions voted against the Employment Non-Discrimination Act when it came before the Senate in 2013 and became a co-sponsor of the First Amendment Defense Act, a federal “religious freedom” bill that would enable anti-LGBT discrimination.

Notably, last year when the Pentagon announced it would initiate a review that would lead to the end of its ban on openly transgender people in the U.S. armed forces, Sessions had no comment. Asked by the Washington Blade on Capitol Hill about the development, Sessions said, “I saw that, but I’m not aware of any of the details.”

Asked whether the change sounded like something he could support, Sessions replied, “Well, I’d like to see what the military says about it. I have not done that.”

Tony Perkins, president of the anti-LGBT Family Research Council, said in a statement Trump made “another wise selection” with the choice of Sessions as attorney general.

“President-elect Trump has surrounded himself with solid advisers, and his selection of Sen. Sessions for attorney general increases my confidence that the Trump administration will be one that cherishes the Constitution and its protection of our freedom from government oppression,” Perkins said. “Sen. Sessions understands the importance of all of our God-given rights, respects the rule of law, and will be a vital part of restoring our nation to its greatness.”

Sessions’ appointment is subject to Senate confirmation. Under the rules instituted by Sen. Harry Reid (D-Nev.) when he served as a majority leader of the chamber, ending a filibuster on confirmation would require a bare majority of 51 votes. Another 51 votes are necessary to confirm him to the seat.

Sen. Patrick Leahy (D-Vt.), top Democrat on the Senate Judiciary Committee, said in a statement the attorney general is “the chief protector of civil rights and civil liberties for everyone,” which he said is especially important at a time “when hate crimes have spiked across the country, especially against Muslim and LGBTQ Americans.”

“Sen. Sessions and I have had significant disagreements over the years, particularly on civil rights, voting rights, immigration and criminal justice issues,” Leahy said. “But unlike Republicans’ practice of unprecedented obstruction of President Obama’s nominees, I believe nominees deserve a full and fair process before the Senate. The American people deserve to learn about Senator Sessions’ record at the public Senate Judiciary Committee hearing.”

If the Senate confirms Sessions, he would immediately be given the opportunity to rescind ongoing actions at U.S. Justice Department on behalf of LGBT rights.

Likely the first to go is joint guidance from the Justice Department and the Education Department under the Obama administration instructing that discrimination against transgender students, such as barring them from the restroom consistent with their gender identity, contravenes federal law. Trump made rescinding that guidance a campaign promise.

Also on the chopping block is a lawsuit U.S. Attorney General Loretta Lynch filed against North Carolina’s House Bill 2, which bars transgender people from using the restroom consistent with their gender identity. Even if that were the case, litigation in federal court filed by Lambda Legal and the ACLU against the statute would remain ongoing.

If the Obama administration files a friend-of-the-court brief before the Supreme Court on behalf of a Virginia transgender student who’s challenging his school for barring him from using the restroom consistent with his gender identity, the Justice Department could withdraw that filing.

Sessions could also reverse the memo from former U.S. Attorney General Eric Holder declaring the Justice Department interpreting Title VII of the Civil Rights Act of 1964 as applicable to “discrimination based on gender identity, including transgender status.” That memo has served as the basis for Justice Department actions against transgender discrimination, such as a lawsuit filed against Southeastern Oklahoma State University alleging anti-trans discrimination in the workforce.

Chad Griffin, president of the Human Rights Campaign, said in a statement Trump’s selection of Sessions as attorney general is troubling.

“It is deeply disturbing that Jeff Sessions, who has such clear animus against so many Americans — including the LGBTQ community, women and people of color — could be charged with running the very system of justice designed to protect them,” Griffin said. “When Donald Trump was elected, he promised to be a president for all Americans, and it is hugely concerning and telling that he would choose a man so consistently opposed to equality as one of his first — and most important — cabinet appointees.”

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  1. LesbianTippingHabits

    November 18, 2016 at 2:43 pm

    The real question re Sen. Sessions: How does he tip?

    VP Joe Biden gets it:

    Remember to tip generously for good service.

    After all, tips are good karma. And karma never lies.

    • Brian's Ions

      November 18, 2016 at 4:38 pm

      That’s right. And lots of other savvy Dems– in addition to Joe Biden– get it, too…

      The national Democratic Party has joined national Republican Party in its shameful, arrogant neglect of poor, white, rural people (many of whom are Dems and Independent) — and all over the nation, not just in the Rust Belt.

      Election night, one could see it in the early returns in the traditional GOP counties of Virginia and Florida. They were significantly higher than GOP voter returns in 2012 and 2008. Once again, NoVa’s Fairfax and Prince William counties saved the day, but just barely, for Virginia.

      However, despite record-breaking Dem turnout in Florida’s Dade and Broward counties that could not overcome the record-breaking wrath of disgusted Democrats and Independents in FLA’s Gulf Coast counties.

      Anyone who thinks these rightfully angry Trump voters are mostly racists and homophobes are ignorantly whistling past our urban elite graveyards.

      They love their families and kids as much as LGBTs love their families and kids. Their frustration and anger of Washington’s neglect of their kids may dictate national politics for a generation, if national Dems’ don’t wake up.

      • Im Just Sayin

        November 18, 2016 at 6:33 pm

        The Klan was generally comprised of god-fearing family men who were righteously indignant about being dictated to by Washington. Of course now poor rural whites will have a President who feels their racism-free pain. Prosperity is sure to follow.

        • Brian's Ions

          November 18, 2016 at 9:16 pm

          You’re making my point with your uninformed bigotry.

          • Im Just Sayin

            November 18, 2016 at 9:48 pm

            My “bigotry” toward Trump supporters is actually quite informed in the sense that I have a high level of intolerance for those who put self-interest above human decency.

          • Brian's Ions

            November 18, 2016 at 10:13 pm

            Says a privileged elitist… probably with no kids to feed and educate?

            Carville was right. It’s the economy, stupid. Here’s another inconvenient fact about last week…

            Trump won a significantly GREATER share of African American and Hispanic voters than Mitt Romney did four years ago.

            How dare they care about the ‘self-interest’ of their kids, huh?

            The sad truth is, Trump and the GOP can now follow Reagan’s ’81 strategy… explode the deficit, cut taxes to the bone, pump massive dollars into infrastructure– and there is no question that in 2020 90% of Americans will be ‘way better off than they were just 4 short years ago’.

            They’ll probably resurrect a “morning in America” campaign.

            And all because an influential group of elitist Dems in DC thought rural working folk didn’t matter to their now-failed coalition.

      • lnm3921

        November 18, 2016 at 9:07 pm

        Neither party has done anything for the poor except obamacare gave them some healthcare. The GOP typically opposes minimum wage hikes.

        What is the GOP really going to do any better? Trump will rip up NAFTA to bring back factory jobs? Most economist don’t believe he can really do much to reverse that trend.

        Raise tariffs? Could lead to a trade war losing more jobs and pushing us into recession.

        Time to get new skills and training. More education. Automation continues to eliminate blue collar jobs. Toll booth Jobs all but gone. Cashier jobs being replaced by computer terminals.

        Trump wants to cut taxes? How will we pay for it? Read that Ryan wants to destroy Medicare and replace it with a voucher system (usatoday). That’s likely how. Screw over future retirees with higher out of pocket costs!! What’s next replace social security with investment accounts?

    • lnm3921

      November 18, 2016 at 8:23 pm

      Sessions doesn’t tip lesbians. There is no good karma for lgbt from this guy.

      • LesbianTippingHabits

        November 21, 2016 at 7:41 pm

        But does Sessions tip wait staff even if he is unaware of their personal identities?

        After all, according to wait staff blogs, the Sunday after church crowd is also notoriously non-generous. Thank you.

  2. lnm3921

    November 18, 2016 at 8:15 pm

    Didn’t I say before that trump’s AG would be the polar opposite on our issues of holder or lynch?

    It only gets uglier on our issues from here! Trump empowers our enemies, giving them the means to push an agenda to harm us!

    Now can I expect another right-wing political hack to tell me I’m lying and deny what’s flamingly obvious?

  3. Brian's Ions

    November 19, 2016 at 12:38 am

    \“Jeff is greatly admired by legal scholars and virtually everyone who knows him.”//

    Not true, Mr. President-elect.


    Racism concerns surround Jeff Sessions as Trump’s AG pick
    Ari Berman, senior writer for The Nation, talks with Rachel Maddow about the racism in Senator Jeff Sessions’ past and the alarm over Donald Trump selection of Sessions to serve as the next attorney general of the United States.
    Duration: 9:31

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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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