Amy Siskind’s work is the kind of genius historians will refer to in the next decade as the definitive chronicler of what went wrong and how.
“Experts in authoritarianism advise to keep a list of things subtly changing around you, so you’ll remember,” she likes to say.
Each day brings a bombshell that in ordinary times would dominate the news cycle for months with sweeping investigations. Trump takes to Twitter over the slightest perceived slight, promoting the fakest narrative he can spell out in 140 characters about news he wants his followers to ignore.
But that, like so much else, is just a charade that masks a whole spate of other alleged crimes and misdemeanors now under multiple investigations. While we are hyperventilating about a Tweet, something else much darker is happening.
And that’s where Siskind, who identifies as a gay woman, comes in. For the past seven months she has taken note and documented every instance of the abnormal or bizarre, spending 15-20 hours a week and talking to thousands of people to synthesize events as they happen.
She publishes her work (dubbed the “Weekly List”) chronicling the bad deeds of the Trump administration on social media platforms, including Twitter, Facebook and Medium, attracting hundreds of thousands of weekly readers. Her work has been highlighted by The Washington Post and The Independent and Siskind is considered a rising journalistic star. A NYU journalism professor called her work “thoroughly journalistic and much needed.”
Siskind said her work on Trump originated from her post-election reading about how authoritarian governments take hold — behavior that seems shocking at first quickly becomes normal.
And on LGBT rights, she has a particularly urgent message, especially if you continue to believe that Trump hasn’t really gone after the LGBTQ community.
The Blade spoke with Siskind by phone from her home in Westchester County, N.Y.
BLADE: What’s the motivating force behind your work tracking Trump’s lies and the administration’s bizarre behavior? You told The Washington Post that it developed when you read about the process of normalization, that we come to accept things that are abnormal because we get lost in this slow drift of bizarreness. So I guess my question is, what strikes you so far as the most bizarre thing that’s happened?
AMY SISKIND: Though there are too many to mention, I think what strikes me most is that we are living in a constant state of chaos. There are so many items each and every day that are, in and of themselves, shocking. In normal times these things would be individual stories that would be covered by our media for weeks or months. But, because there are so many of them, we’ve lost track of accountability for these items or being able to even remember them. As a result, we’ve in a way normalized things that in any other time in our country or in our lifetimes would be shocking and deserving of outrage around the country. We’re bombarded with so many of these each and every day we’ve become desensitized.
That’s led to a sort of acceptance because we are sort of plowed over by all that’s not normal.
BLADE: Even journalists are plowed over. There’s tacit endorsement when they do not properly challenge him.
SISKIND: The bar was set pretty low by our media I have myself been a critic of the media early on about some journalists complimenting him for reading off a teleprompter or covering him like you would a normal candidate, talking about things like infrastructure when it was pretty obvious even before he took office that he was not going to be normal.
Even though it started out that way, I am grateful to see a shift.
I think the media has realized they are under siege now and being silenced. I see mainstream journalists beginning to form a community and protecting one another. Journalists from the right are still amplifying authoritarian messages and giving credence to “news” that’s not true news. I am starting to see change.
What The List does that our media is not able to do — because they need to cover every story as if it were a traditional administration (or in Trump’s case it’s a regime) — is give some perspective week by week about what’s happening.
What mainstream journalists are reporting is very in the moment but it doesn’t, with the exception of a few like maybe Rachel Maddow, trace back the story.
For example, The List can follow the Deutsche Bank over weeks or months whereas most of the reporting is just “here we are in this moment and today.” So what I really hope to accomplish with The List is to access all the stories about Deutsche Bank that have happened over the last several months since I’ve been doing The List. It’s a journalistic way of tying things together that our media is not doing.
Typically, I spend 15 to 20 hours a week on each list because so many of the things I put in the list are not widely seen, but to me are really important.
I spend a lot of time covering treatment of different subsets of people because that’s part of authoritarianism; I mean how you treat one then how do you treat the LGBTQ community how you treat people of different religions and people of color so I make sure to highlight things that are really not normal.
I cover the way citizens are acting but also the way the administration is acting.
BLADE: What do you make of gay Republicans and Trump supporters who say he hasn’t really done anything specifically bad to LGBTQ people?
SISKIND: That’s an uninformed argument. I think the LGBT community is in grave danger with Trump and the overriding thing is that we are invisible to the Trump administration.
And I’ll give specific examples of ways that he is hurting our community, but the overall theme is we’re invisible that’s never good for any community.
Let’s start with the fact that there’s no recognition of LGBTQ Pride month. When we are made invisible you take away our identity. Trump is doing that by not recognizing Pride: he’s doing that by not including LGBTQ people in the Census.
That’s a really big deal and I have it in my weekly list 32 that just came out; NPR did a Freedom of Information Act request on work that was done by HUD and they said Census data was essential for the inclusion of the LGBT community to be part of the Census. Trump’s response is that they don’t think it’s appropriate to ask questions of sexual orientation and gender identity topics, which is an argument that makes us invisible.
BLADE: That Census information is used throughout government to implement civil rights protections and to ensure representation and equality.
SISKIND: Point is that if you’re invisible you don’t need protections or rights. So, you can see the path down which he is taking the nation.
This was in week 31. In week 32, his Secretary of Education DeVos said she won’t go after schools that discriminate against transgender students amongst other things. They are not going to push on the civil rights issues. That was just one week!
Not protecting transgender people is an issue. They’ve also already taken away – in certain government departments – worker protections on the basis of sexual orientation.
So when you make people invisible, you don’t need to protect them against discrimination in housing and workplace discrimination. So, in many parts of the Trump administration it’s legally acceptable to discriminate against people based on their sexual orientation or gender.
And that’s that headline worthy!!! That should scream out with three exclamation points at the end.
People who don’t think he hasn’t done anything against LGBT people are missing the point — he’s slowly eroding our protections and making it legal to discriminate against us because of our sexual orientation and gender identity.
BLADE: It’s very much like what you said about authoritarianism — a slow erosion of normalcy.
SISKIND: Exactly! And end of rights for different subsets of people. You can see the different subsets of people that are under attack. It’s pretty much everyone that’s not white, straight, Christian and male. We can have the same conversation about ways women are being attacked or Muslim Americans or Jewish Americans or Latinos or immigrants or black Americans or something for everybody.
BLADE: Those, of course, include LGBT people…
SISKIND: Yes, we are under assault in so many ways. Let’s talk about Gorsuch. Just this week his Supreme Court appointee argued against gay adoption. And the scariest part of that to me is that it’s not based on fact. There’s study after study showing gay and lesbian parents are actually superior parents to heterosexual parents! So, it’s not based on any factual study, it’s based on his own bias.
These are the people that Trump is bringing into power and into authority. If that doesn’t scare you! There’s now, I think eight states, since he took power that are making it illegal for gay couples to adopt.
I know California now has banned official government business travel to those eight states.
But there’s eight states — since he took power — that are making it illegal in their state for gay people to adopt. Between workplace discrimination, gay adoption, and what happened to transgender people, transgender students being excluded from protection under the Civil Rights Act and in college too. I mean, this is something that impacts the LGBTQ community.
BLADE: They have taken away the right to sue for those things.
SISKIND: Yes! They won’t pursue that under DeVos and our Department of Justice. And we’re just at the start of things!
I’m looking here at week 20. ‘Trump signed an executive order which legalizes discrimination against LGBT federal employees.’ Yes, that’s one of the two items that week. And then the Census.
But that’s really a huge thing I mean it and then in a later week you have (Commerce Secretary) Wilbur Ross removing LGBT protections from the Commerce Department’s handbook. That another really big item to include in week 20.
BLADE: So much for the idea that Trump has done nothing to hurt LGBT people.
SISKIND: Yes, we are under assault and I think the community’s in great danger; he’s not going to stand up on stage and say “I am a bigot.” He’s going to slowly erode our rights and make us invisible. That’s what he is doing.
BLADE: What happens if Pence replaces Trump?
SISKIND: What’s going to happen, in either scenario, is that we’re going to be in chaos. I mean Trump isn’t getting anything done legislatively. And if he faces impeachment hearings or if he faces other criminal proceedings, nothing’s going to get done legislatively. But he still can slowly erode things.
Will Pence be any better or worse? We don’t know. We don’t know if Pence himself will be ensnared by what’s going on — I find it hard to believe he won’t be.
Regardless, I think it has to be a goal for everybody, every American. Any normal Republican is a better alternative than losing our democracy, which is what’s happening.
The basic rights that were afforded, including our voting rights and fair elections are, under Trump, under siege.
When people ask me that question you don’t know exactly how anything’s going to play out; you know it’s going to be chaos. Would I rather have Pence?
I’ll deal with that option when it comes to it, but I can tell you right now we’re in danger and I don’t think there’s anything that could be any worse than what we’re currently living in.
BLADE: With the Supreme Court decision to take on the wedding cake case on the same day it basically erased the line between church and state, it’s really hard to imagine we aren’t about to face a significant setback. It looks like the threat to LGBTQ people is spreading throughout government.
SISKIND: Well, if he’s able to appoint another Supreme Court judge — we just have to pray for our Ruth Bader Ginsburg that she stays alive until the 2020 election.
I worry about all of it. But I think we get sort of distracted if we just focus on what’s happening in the judicial branch because Trump is doing so much damage in the executive branch already, that people are just kind of numb to…that, I think, is the biggest purpose with what I’m doing with The List and the conversation you and I are having.
We need to raise awareness that already we are becoming invisible and that our rights are being eroded.
It’s hard to imagine exactly what will happen with the Supreme Court cases. You know, we’ve lost Scalia and gained somebody who’s maybe even further right than him.
I think probably the only issue that is NOT currently on the table is gay marriage, and that’s only because generations are so decidedly pro-gay marriage.
Everything else, though — you can be married and have every other right taken away from you, including the ability to have people make your wedding cake, host your wedding, or be discriminated against and beat up on the way back from your wedding.
I think our community has become so obsessed about the success of this one issue that we’ve forgotten about all the other issues that impact our daily living.
BLADE: This slipperiness is all playing out in the background of the Russia investigation. This is what is happening while we are all hyperventilating about Russia.
SISKIND: And that’s why every week in The List you can find all the events that are playing out.
If you put in LGBTQ it will show you all the items that have already changed. If you put in Muslim, you’ll see all the assaults on Muslim people. If you put in Black or African American, you’ll see the items about the nooses in D.C. or the gorilla mask in Tennessee this week. I’m really trying to keep a focus on every week’s list of what’s happening.
The fabric of our country is changing. We are legitimizing hate and it’s hate against everybody that’s not white, straight, Christian and male and I think there needs to be a much greater awareness within our community of the danger we’re in, what you normalize, what happened to that 17-year-old Muslim girl walking back to her mosque after having a meal at McDonald’s before starting Ramadan.
That could have been a trans student or a gay man or a woman walking down the street. It can be any of us that aren’t the same.
BLADE: Just as Trump eliminated Pride at the White House, he also eliminated Muslim celebrations.
SISKIND: He didn’t celebrate Cinco de Mayo either.
BLADE: He’s an equal opportunity eraser.
SISKIND: For anybody who’s not white, straight and male. But anybody in our community who is complacent is missing the boat, because you still have to be able to walk down the street each day, you have to be able to get a job, you have to be able to get housing and right now he’s making it legal to discriminate on all those things.
We can’t underestimate the danger that we are in as a community. Gay marriage is just a little piece of icing on the cake but we have to raise our children, we have to be able to work and live and be safe and all those things are under siege.
BLADE: Marriage is not safe. It they can create a system of laws that make it legal to deny you services, we are not equal.
SISKIND: Right, so it’s sort of like a tin victory! You can get married but we won’t make you your cake, we won’t host your reception.
BLADE: We won’t protect your right to your own children.
SISKIND: Right. Our community gets too hyper focused on marriage and has dropped the ball on everything else. People feel like “oh, we crossed that bridge and now it’s done,” kind of like women with abortion rights. It was 1973 and here we are in 2017 and talking about taking away Planned Parenthood.
Nothing is guaranteed. One victory on a single issue doesn’t mean everything else isn’t in danger of being rolled back. We have to remember also how far as a community we came and how quickly. I mean, this is been endemic in the women’s movement; big victories and then everyone’s like “Oh, good now everything’s done and we’re equal.”
No. It happens in every community. We have this huge victory and we like stopped agitating and stopped organizing and stopped worrying. And that’s a false hope.
We are in danger under this regime.
BLADE: How did you feel about the Resist marches across the country?
SISKIND: I marched in New York. As much as you can do in person…it’s sort of like fuel and it reinvigorates you. Our organization does a big event each year called National Girlfriends’ Networking day and so many of the young woman said to me ‘I needed this because I feel so disempowered.’
I think whatever you can do in person really is helpful.
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.
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
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.
D.C. man charged with 2020 anti-gay death threat rearrested
Defendant implicated in three anti-LGBTQ incidents since 2011
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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