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GOP lawmaker caught on tape: Orphanages better than gay adoption

‘Gay households are not healthy environments for children’

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Rep. Chris Smith (R-N.J.) was caught on tape saying orphanages for kids is better than gay adoption. (Photo public domain)

In an exchange with high school students that was caught on tape, a Republican congressman from New Jersey was tongue-tied over the prospect of same-sex couples adopting children and suggested kids would be better off in orphanages than with LGBT families.

Rep. Chris Smith (R-N.J.) made the remarks May 29 when addressing student constituents in the auditorium of Colts Neck High School. They asked the congressman about his opposition to adoption by same-sex couples, according to a source familiar with the recording. A source familiar with the tape, who delivered the recording on Monday exclusively to the Washington Blade, said it was obtained in recent days.


The recording begins with Hannah Valdes, a senior at Colts Neck High School, telling Smith she has a gay sister who has said in the future she wants to adopt a child with her partner. The student asks the New Jersey Republican whether “based on household studies” her sister would be “less of a legitimate parent” than someone in a different-sex relationship and why she shouldn’t adopt a child.

In an apparent reference to the U.S. Supreme Court’s 2015 ruling for marriage equality, Smith says “the issue, legally, is moot at this point especially with the Supreme Court decision” and tells the student her sister is “free to adopt.”

Although the Supreme Court settled the issue of marriage, attempts are still underway to deprive LGBT families of the right to adopt. An increasing number of states have passed laws allowing religious-affiliated, taxpayer-funded agencies to refuse placement to LGBT homes for religious reasons. In the U.S. House, Republicans incorporated as a component of appropriations an amendment from Rep. Robert Aderholt (R-Ala.) that would penalize states and localities for having policies prohibiting anti-LGBT discrimination in adoption.

But that wasn’t enough for Valdes, who pressed Smith on why he thinks her sister shouldn’t be able to adopt. Smith, apparently having difficulty finding words for his response, said he believes “there are many others who would like to adopt who can acquire a child” and “the waiting periods are extremely long.”

When another student asks what makes these “others” more suited to become parents than her fellow student’s sister, Smith starts to reply, “in my opinion a child needs every possibility of,” without finishing his sentence. That might have been a prelude to saying a child needs every chance of being raised by a mother and a father.

That’s when Smith praised orphanages. In that context, Smith suggested even being raised in an orphanage without parents would be better for a child than having LGBT parents.

“Somebody mentioned orphanages before,” Smith said. “I mean, orphanages are still a possibility for some kids.”

One student is heard uttering an indignant response over the idea the congressman would rather have kids in orphanages than being raised by LGBT parents: “You’d rather have kids in an orphanage than with — ?”

Speaking to the Blade, Valdes said there’s more to the exchange with Smith on gay adoption than what’s heard on the tape. Earlier in the assembly, another student asked about one of Smith’s votes in 1999 in favor of an amendment that would have banned adoption by gay parents in D.C.

The student, Valdes said, asked Smith if he would still vote in support of banning gay adoption, and whether his views have changed since 1999. In response, Valdes said, Smith said his position hasn’t changed.

“Rep. Smith responded by saying that he does not approve of gay adoption because gay households are not healthy environments for children to grow up in,” Valdes said. “He then stated that ‘numerous household studies’ show that children that have heterosexual parents have better lives than children that have homosexual parents.”

It’s hard to know what “household studies” Smith was referencing. According to Cornell University, at least 75 studies have concluded children with same-sex parents fare no worse than other kids.

At that moment, Valdes said she thought of her gay sister and raised her hand for the question challenging his views on gay adoption, which was heard on the recording.

“After I asked my question and challenged him, an administrator cut in to change the topic,” Valdes said. “Rep. Smith started to discuss a recent project he was working on, but the auditorium was already filled with tension, and most of the audience was already talking about what Rep. Smith had just said. More students began to raise their hands, and the administration quickly realized that their students would likely be asking more questions regarding LGBT rights. Instead of taking further questions, the assembly was promptly ended and all of us were sent back to class.”

Valdes said Smith exhibited “prejudice and homophobic views” that “were offensive,” and the entire student body of Colts Neck High School was “in shock that someone had come to our school with these opinions.”

“We have an LGBT club at our school…which exemplifies just how accepting our school is,” Valdes said. “Prejudice in our hallways is not tolerated, so it was shocking to have an elected official — a congressman no less — stand in front of hundreds of students, openly shaming the LGBT community. I knew that there were multiple students in the auditorium who were a part of the LGBT community, and that they were simply too scared to say anything to this congressman. In a situation like this, I just simply could not stay silent.”

Despite the exchange, the school praised Smith for coming to speak with students. Brian Donahue, principal of Colts Neck High School, tweeted after the event thanking the lawmaker and saying, “Our students appreciate hearing first hand how our government functions.”

Donahue didn’t immediately respond to the Blade’s request for comment on whether Colts Neck High School was OK with Smith making comments against LGBT adoption at a student assembly.

Smith, a longtime member of Congress who has represented New Jersey’s 4th congressional district in the U.S. House since the start of the Reagan administration, has built a substantial anti-LGBT track record in Congress aside from his 1999 vote against gay adoption. In recent years, the Republican has repeatedly earned a score of “0” from the Human Rights Campaign on its biennial congressional scorecard.

Among his anti-LGBT actions include votes for the anti-gay Defense of Marriage Act and a U.S. constitutional amendment that would have banned same-sex marriage nationwide. In the early years of the Obama administration, Smith voted against “Don’t Ask, Don’t Tell” repeal and hate crimes protections legislation.

In recent years, Smith co-sponsored the First Amendment Defense Act, a federal “religious freedom” bill that would enable anti-LGBT discrimination, and voted for an amendment that would have barred the U.S. military from paying for transition-related health care for transgender service members, including gender reassignment surgery.

Smith’s office didn’t respond to the Washington Blade request for comment on the tape and either deny its accuracy or explain why orphanages are better for kids than LGBT homes. Also unanswered was an inquiry on whether Smith opposes the Aderholt measure pending before the House.

As the mid-term elections approach, Smith is facing a challenge from Democratic candidate Josh Welle, a businessperson and Navy veteran.

In a statement to Washington Blade, Welle drew on his experience as a veteran as he criticized Smith for suggesting orphanages are a better fit for children than gay parents.

“Chris Smith’s out-of-touch views might have flown in 1980 when he was elected, but his time has passed,” Welle said. “In 2018, in Central Jersey, it is unacceptable to imply a child would be better off in an orphanage than with a loving LGBTQ family. As a veteran, I fought on the front lines alongside men and women who gave their lives to protect and defend the civil liberties that our Constitution ensures for everyone, not just a few. Chris Smith takes us backwards on inclusion and basic human rights for all.”

Despite the expected “blue” wave in November, Welle faces an uphill challenge. Political observers have rated New Jersey’s 4th congressional district as a safe or solid Republican seat.

After the assembly, Valdes said other students thanked her for posing the question and called her brave, but she doesn’t see it that way.

“All students should feel safe and comfortable in their own school, and all people should feel safe and comfortable in their lives,” Valdes said. “Smith has done, and continues to do, the opposite of this.”

UPDATE: After the publication of the Blade article, the Smith re-election campaign issued a statement criticizing the reporting on the exchange caught on tape, saying the recording was edited to misrepresent him.

“Anybody can twist your words and make false representations when they splice up a tape,” Smith said. “It is despicable that someone thought they could score political points by distorting the truth and raising false questions about my record and the full range of topics at the assembly.”

The Smith campaign made public what it said was the full one-hour tape of the May 29 assembly at Colts Neck High School and a separate record of another exchange at the assembly in which he says orphanages aren’t the best option for children.

In the shorter recording, a student is heard asking, “So would you say that foster care and orphanages would be in the better interest of the child?”

Smith replies, “No. Lord, no. We have waiting periods for families to adopt children, often by years.”

The Blade stands by its initial reporting. The exchange reported by the Blade in which Smith suggests orphanages are better for children than adoption by LGBT parents is also heard in the one-hour tape. In the exchange the Smith campaign circulated, the question posed to him wasn’t about LGBT parents and Smith’s reference to “families” being better than orphanages is general and not necessarily inclusive of them. That exchange also is heard prior to the time Smith suggests orphanages are better than same-sex parents, which was the result of students seeking clarification of his initial response on families and left students with that impression.

In other words, the totality of the recording indicates Smith’s view is that different-sex family households are better for children than orphanages, but when it comes to LGBT families, orphanages are better.

Smith’s office and campaign never reached out for comment or clarification and hasn’t responded to Blade requests for clarification. The Blade was made aware of the statement and additional recording through other media sources.

In the longer, one-hour recording, Smith is also heard articulating positions against LGBT rights. In response to the previously reported question on Smith’s vote in 1999 against gay adoption in D.C., Smith talked about his opposition to same-sex marriage.

Smith said he has a “strongly held belief” and referenced former President Obama’s one-time opposition to same-sex marriage as well as Obama’s articulation of that view as a presidential candidate in 2008 at Saddleback Church.

“He said, ‘I believe marriage is between a man and a woman, and God is in the mix,’” Smith said. “That was from Sen. Barack Obama. Now he’s changed. He now supports same-sex marriage. My belief is squarely where it used to be that marriage is between a man and a woman.”

As for adoption, Smith said it’s “all about the best interests of the child,” and although “there are people who feel the best interest of the child is for gay couples to adopt,” there are studies that take into account “all kinds of factors.”

Ultimately, Smith said he’d vote the same way against gay adoption as he did in 1999: “I would vote the same way, frankly, as I did then.”

Smith also criticized LGBT rights supporters for being unconcerned about Catholic adoption agencies that say they’d have to close if forced to place children with LGBT families.

“There’s little concern from the LGBT community, which I find disconcerting, and that is that a lot of the best organizations for adoption have been put out of business because of their refusal, like in D.C., to facilitate such adoptions,” Smith said. “Catholic charities, which is one of the greatest humanitarian organizations in the United States for the poor or disabled, and for adoptions, they have now been denied the ability to do any adoption in D.C., in Illinois, in Massachusetts and in some other states because they believe the best of interest of the child is not that of adoption.”

No government is actively seeking to close Catholic adoption agencies. They have threatened to shut their doors on their own in the wake of the legalization of same-sex marriage because they feel they’ll be forced to place children with gay couples who marry.

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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

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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

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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

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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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