To paraphrase Oda Mae Brown in “Ghost,” democracy, you in danger, girl.
This profound and dreadful moment in American history is worse than Watergate and far worse than the House impeachment of President Bill Clinton for lying about his affair with Monica Lewinsky because President Donald Trump has undermined public confidence in the very institutions of American democracy in his unquenchable thirst for unrestricted and unquestioned power.
But a Democratically controlled House impeachment inquiry into Trump’s behavior and fitness for office does not mean the Republican controlled Senate will convict and vote to remove him from office. Trump has admitted to stopping congressionally authorized money to Ukraine to purchase weapons in their desperate war against Russia, which has already militarily annexed Crimea. That was before Trump called the president of the Ukraine and asked him, as a favor, to re-investigate his chief 2020 election rival, former Vice President Joe Biden and his son Hunter. An earlier investigation into the Bidens found no illegality, nothing untoward.
Secretary of State Mike Pompeo and Attorney General William Barr also appear to have been caught up in this presidential abuse of power, as well as apparently trying to find evidence to support a right-wing conspiracy theory exonerating Russia from interfering in the 2016 elections.
Twice on Oct. 2 Trump publicly ranted about his critics, insisting the impeachment inquiry is a “hoax” and a Democratic “coup” and dangerously targeting Rep. Adam Schiff, chair of the House Intelligence Committee, saying Schiff should be arrested for treason. Schiff and other favorite Trump targets such as Rep. Maxine Waters have reported receiving death threats since 2017.
Former CIA Director John Brennan has slammed Trump for not caring about protecting the security of the nation’s elections. On Oct. 2, Brennan tweeted: “Press conference with Finnish President shows @realDonaldTrump is a national disgrace who deserves impeachment, conviction, & ouster from office. Republicans in Congress must abandon him now if they care about our country & have any hope of salvaging a political future for GOP.”
In an interview with MSNBC while attending a March For Our Lives/Giffords Democratic presidential candidates forum on gun safety in Las Vegas, out South Bend, Ind. Mayor Pete Buttigieg addressed Trump’s latest rants.
“The simple fact is that these rantings are not the words of the leader of a democracy. When you are being criticized, let alone when you are being called out for wrongdoing, responding by describing somebody who is calling you out or disagreeing as being ‘disloyal’ to the country because they’re being critical of you – this is the stuff of tinpot dictatorships, not the presidency,” Buttigieg said. “And it’s sad, not just for the president but for the presidency itself, for the country. Remember, this is the president of the United States – your life and mine depend of the wisdom and judgement of the president of the United States. And these rants are a bad sign for all of us.”
Vermont Sen. Bernie Sanders had intended to participate in that gun violence forum but after an Oct. 1 event in Las Vegas the night before, he was hospitalized for treatment of chest pains that proved to be a blockage in one artery. Though the campaign said he was “feeling good” the next day, all appearances were cancelled “until further notice,” raising questions about whether he could or should attend the LGBTQ HRC/CNN Democratic presidential town hall on Oct 10.
The “2020 Gun Safety Forum” was held the day after the second anniversary of America’s deadliest mass shooting at the Route 91 Harvest music festival that left nearly 60 people dead. It is another in a series of “issue-themed” forums and town halls sponsored by activists and hosted by media outlets dealing with race, climate change and pay equity.
The LGBTQ town hall will be held on the eve of a significant LGBTQ historic milestone—the 31st anniversary of National Coming Out Day on Oct. 11 That day was selected to commemorate the 1987 March on Washington for Lesbian and Gay Rights.
“This town hall comes at a critical time in our fight to achieve equality for lesbian, gay, bisexual, transgender and queer people in this nation,” said HRC President Alphonso David said in a press release. “Today, in 30 states, LGBTQ people remain at risk of being fired, evicted or denied services because of who we are. Thirty-five states have yet to ban the dangerous and debunked practice of ‘conversion therapy,’ which is harming our young people. Hate crimes are rising, and more than 100 transgender people — most of whom are transgender women of color — have been killed in the United States in the last five years.”
Despite House passage of the LGBTQ civil rights bill, the Equality Act, a top priority for Speaker Nancy Pelosi, Republican Senate Leader Mitch McConnell refuses to take it up. Meanwhile despite empty promises to protect LGBTQ Americans that earned Trump a re-election endorsement from Log Cabin Republicans, the Trump administration continues to roll back much of the progress on equality made under the Obama administration.
“Although the federal government should be protecting all residents, the Trump-Pence Administration is directly attacking our community by banning transgender troops from serving our country openly, undermining health care services for people living with HIV, and seeking to erase LGBTQ people from protections under law,” said HRC’s David.
The press release announcing the partnership between HRC and CNN included some polling data to help frame the forum.
“A Gallup poll conducted in May showed that 53% of Americans believe new laws are needed to protect the LGBTQ community’s civil rights, while 46% do not. Those numbers have stayed steady since the Gallup last asked the question in 2017,” the press release said. “The latest poll showed that 63% of Americans support legal same-sex marriage; that has risen substantially since 1999, when only 35% of Americans backed it.”
Polls showing public support or lack thereof are often taken into consideration when elected officials and politicians make policy decisions. Public opinion also impacts reaction to Supreme Court decisions. Strong religious conservatives, for instance, still think Roe v Wade, which gave individual women autonomy over their own bodies and reproductive health instead of the government or their husbands, was wrongly decided or decided too soon for the public to accept. Brown v Board of Education decided in 1954 that “separate but equal” was unconstitutional, but institutional racism still flourishes.
Though the Supreme Court ruled positively in granting marriage equality to same-sex couples, actually being equal is a different thing. Two days before the HRC/CNN forum, on Oct. 8, the high court will hear three cases about LGBTQ employment discrimination that “will determine if federal law protects LGBTQ people,” writes Freedom For All Americans Chief Counsel Jon Davidson. “These are the most important cases in LGBTQ history since we won marriage equality. But, even if we win them, we still will need Congress to finish the job by passing the Equality Act, which would ensure express and enduring nondiscrimination protections for LGBTQ people.”
It will be no surprise that the CNN moderators and invited guest questioners will ask Biden, former Housing and Urban Development Secretary Julián Castro, Sens. Kamala Harris, Elizabeth Warren, Cory Booker, Amy Klobuchar, former Texas Rep. Beto O’Rourke, Buttigieg and businessman Tom Steyer if they support and will sign the Equality Act. Nor will it be a surprise to hear them say they will end AIDS in our lifetime, reinstate trans military service, and stand up for the rights of LGBTQ people.
But the donkey in the room is whether or not any of the candidates—including gay Mayor Pete—fully grasp that LGBTQ people are officially second-class citizens, officially subhuman—including white rich privileged gay men who think discrimination doesn’t affect them, until they are beaten up by some white supremacist who doesn’t care about their privilege. It’s worse, of course, for LGBTQ folks who are also a racial minority or an immigrant or disabled.
Will CNN and the candidates treat LGBTQ people as if we are just another “issue” like climate change and gun violence?
Here’s an illustration, substituting “Black” for “LGBTQ” in the paragraph about polls. “A Gallup poll conducted in May showed that 53% of Americans believe new laws are needed to protect the BLACK community’s civil rights, while 46% do not. Those numbers have stayed steady since the Gallup last asked the question in 2017.”
Should LGBTQ civil rights be left up to how the majority feels about “the other,” the minority? That’s not far-fetched, as LGBTQ Californians know. On May 15, 2008, the California Supreme Court ruled in favor of marriage equality after a four-year series of legal battles.
That November, the anti-gay marriage Prop 8 initiative passed and suddenly what the state high court deemed was a “fundamental constitutional right” was stripped away from same-sex couples by the majority of California voters, though marriages between June and November were not voided and domestic partnerships remained, thus creating another discriminatory and painful two-tier status.
When challenged, the California Supreme Court subsequently said the will of the people through the state’s initiative process superseded the rights of individual gays and lesbians who are not officially protected under federal law.
So — when scrutinizing the Democratic candidates to see how they respond to specific questions — some expected to be crafted specifically for them such as Harris and Warren on the rights of transgender prisoners to have medical coverage for transition and other health, wellness and safety needs—consider also whether that candidate would not only stand up to Trump but stand up against a backlash when taking an unpopular position in the polls but one that is morally and constitutionally pro-LGBTQ equality.
Additionally, also consider if, as an LGBTQ voter, there is a certain responsibility to stand up for those who can’t stand up for themselves. For instance, National Coming Out Day was conceived during the 1987 March on Washington when activists and regular people around the world came to the nation’s capitol to plead for help for people dying of AIDS. Many in the march that day were in wheelchairs or using the buddy system to hold on for one more day.
Now the community crisis is visibly hitting the trans community, especially trans women of color who are still seeking their voices and rights without being killed. And the LGBTQ issue of identity will only get more intense. According to a new survey by The Trevor Project, more than 1 in 5 LGBTQ youth in the United States identify as a sexual orientation other than gay, lesbian or bisexual.
How would the candidates protect non-binary individuals who refuse to be categorized by the government according to some pre-ordained, easy to count square box on a form?
Who decides what is culturally competent in each of the administration’s departments?
More than likely, the Democratic candidates showing up for the HRC/CNN town hall are there for more than chits at the LGBTQ ATM in SoCal. Looking at how Cory Booker affectionately hugged and lifted The Advocate’s Zach Stafford at the LGBTQ Iowa forum, for instance, one can tell he feels very much at ease with LGBTQ people. Same with Kamala Harris and of course, Pete Buttigieg. Julian Castro and Beto O’Rourke’s youth and Elizabeth Warren’s teacher’s core suggest they, too, are comfortable with LGBTQ people without having to think about it.
But for Amy Klobuchar, Joe Biden, Bernie Sanders and Tom Steyer, there’s a sense they very consciously evolved. Not that there’s anything wrong with that.
But with even the hint of “otherness” in the back of the brain as an “issue” and not thinking of LGBTQ people as flesh and blood human beings, LGBTQ people can be invisible, ignored, left out of a conversation, policy decision, left behind – even with a “we’ll come get you, we promise.” Trans folk and people of color have heard that one before ,even within the LGBTQ community.
But, with assumed promises made to be included in policies, the most significant question LGBTQ voters must ask themselves is: who can defeat Donald Trump? Or even who can defeat Mike Pence, if Trump is impeached and Pence survives?
Which candidates, if any, will use Trump’s hypocrisy and Pence’s religious cruelty toward LGBTQ people as part of their campaign to win the presidency? And how will they do it?
“I look at the field of candidates and I can’t imagine a more qualified, electable, decent candidate than Joe Biden,” Michael Lombardo tells the Los Angeles Blade. “I’m sure there are others there but in terms of my experience, I have utmost faith in him and I hope he gets the nomination. And I hope he wins.”
Lombardo’s experience is having Biden meet his children with Sonny Ward, Johnny and Josie Ward-Lombardo, in 2012, where then-HRC President Chad Griffin asked Biden about his personal views on same-sex marriage and Biden “went over his skis,” to the surprise of the Obama administration.
That same year, 2012, gay Republican political consultant and activist Fred Karger became the first LGBTQ person to seriously throw money, time and talent into running for president, hoping to square off against Mitt Romney in a debate. Now he’s backing Pete Buttigieg.
“It was a tremendous honor to endorse Pete Buttigieg for president after meeting with him in Brooklyn in February of this year. He is so smart, thoughtful, reasoned and has the innate ability to get along with people on both sides of the aisle,” Karger tells the Los Angeles Blade.
“Pete’s candidacy shows just how far this country has come that an openly gay married man can raise the most money of all the Democratic candidates and be embraced by millions and millions of Americans. He has more centrist positions on many issues making him an ideal candidate to take on Donald Trump and win. While I am still a member of the Republican Party (barely), l see Pete’s election as our 46th president as the absolute best way to bring our divided nation back together.”
But if Trump succeeds in ensnaring Biden in the muck and mire of the Ukraine scandal and if click-bait seeking pollsters ask if the public really wants to elect a gay man as president, could they defeat Trump?
And if not the front runner and the smartest, then who?
LGBTQ voters have an opportunity and a responsibility to seriously consider all the ramifications because, as Buttigieg said: “Remember, this is the president of the United States – your life and mine depend of the wisdom and judgement of the president of the United States. And these rants are a bad sign for all of us.”
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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