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Vote for Biden (duh)

He will restore sanity, compassion, and stability to the gov’t and world

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Joe Biden, gay news, Washington Blade
Joe Biden will restore decency to the White House if elected. (Washington Blade file photo by Michael Key)

The list of Donald Trump’s affronts is long. The unlikely evangelical darling operated casinos, paid off porn stars, bragged of grabbing women by the “pussy,” mocked a disabled reporter, praised white supremacists, insulted a Gold Star family, attacked a revered POW, flirted with his own daughter, tweeted support for a murderer, and bullied foreign leaders into helping him steal the election.

And those are just some of the most infamous of Trump’s transgressions.

There’s no reason for any informed American voter to grant Trump another four years. There’s even less reason for LGBTQ voters to support him, no matter what the hypocrites at Log Cabin tell you. 

His botched COVID response has needlessly cost tens of thousands of lives. Rather than model commonsense mask use, Trump mocked those like Joe Biden for wearing them. Rather than level with the American people back in February and March about the severity of what was coming our way, he downplayed coronavirus, called it a “hoax” and ridiculously said it would “go away like a miracle.” Even as we watched heartbreaking and frightening YouTube clips of Italians suffering in quarantine as bodies piled up in morgues, Trump held firm that it was not a threat to us. He was dead wrong. When we sought answers and comfort from leading infectious disease expert Dr. Anthony Fauci — well known to the gay community from his days fighting AIDS in the 1980s — Trump turned on him too, unleashing opposition research to undermine his credibility.  

The resulting chaos has left nearly 200,000 Americans dead and the economy in shambles. When everyday Americans and small business owners needed another relief package, Speaker Nancy Pelosi’s House responded swiftly with a bill and passed it, while Senate Majority Leader and Trump loyalist Mitch McConnell let his colleagues go home for an August vacation. I don’t know any small business owners who took a vacation this summer; we are all struggling to stay afloat without any communication or direction from the federal government. 

This sad performance alone on coronavirus should be enough reason to vote Trump out in November, but, of course, there is more. 

The parallel crisis of police brutality against Black Americans has reminded us yet again of the stubborn entrenchment of systemic racism. George Floyd, Breonna Taylor, and Jacob Blake joined the unending list of Black victims of police abuse. As protests flared around the country, Trump gassed peaceful demonstrators at the White House so he could stage a clumsy photo op with an upside-down Bible, a book he has never read and cares nothing about. When 17-year-old Kyle Rittenhouse, armed with an AR-15, shot and killed two protesters in Kenosha, Wis., Trump defended him. Trump adviser Kellyanne Conway later admitted what the rest of us already knew: that Trump believes violence in American cities benefits his campaign. He’s encouraging his armed supporters to show up at Black Lives Matter protests to intimidate and taunt peaceful demonstrators. It’s unconscionable and people are dead as a result. More blood on Trump’s hands and his Republican enablers in Congress, on state propaganda Fox News, and online invoke inane conspiracy theories to justify his reckless assault on our democracy.

Make no mistake that this election will determine whether the great American experiment continues or it unravels. Trump’s admiration for dictators like the murderers Vladimir Putin and Kim Jong-un; his attacks on our allies like Germany, France, and the Kurds; and his backing out of the Paris climate accord and rolling back myriad environmental protections in deference to his corporate golfing buddies further illustrate just how unfit Trump is for office. Make no mistake that all of this chaos is by design — the plan all along was to gut and cripple the federal government. We’ve seen it agency by agency, from the Education Department’s efforts to promote the privatization of public schools through vouchers, to the Interior Department being coopted to host Trump campaign events on federal lands, to even the Postal Service being undermined to thwart mail-in voting, no agency has been unaffected. Let’s not forget Trump was impeached for his efforts to undermine our democracy and he presided over the longest U.S. government shutdown in our history. 

What about Trump’s record on LGBTQ issues? It’s the disaster many of us predicted it would be. In a 2016 endorsement of Hillary Clinton for president, I wrote: “the Republicans have turned their party over to a racist, sexist bully with zero experience in elected office. … The LGBT community cannot risk a Trump presidency.” I was right. From Trump’s very first day in office, when LGBTQ issues were deleted from the White House website, right up to today, when his State Department is denying citizenship to children of same-sex couples born via surrogacy overseas, the attacks have been constant and sometimes cruel. 

Trump’s tweet banning transgender patriots from serving their country in the military “in any capacity” is perhaps the most egregious and blatant of those attacks, but there are countless others. The blame for a nationwide dramatic rise in hate crimes, which disproportionately impact the LGBTQ community, lies at Trump’s feet. Previously, Americans who held bigoted views felt at least some pressure to keep those opinions to themselves. But under Trump, those views are validated and encouraged, motivating scores of “deplorables” to come out and express their hatred openly, as we saw in Charlottesville, and sometimes violently as seen in the FBI’s report noting that attacks motivated by bias or prejudice reached a 16-year high in 2018. The Trump administration has allowed discrimination under the guise of “religious freedom” across the board, from adoption agencies to faith-based schools. This administration has worked overtime to render us invisible, removing “sexual orientation” and “gender identity” from the list of categories the Education Department tracks in compiling data on bullying and canceling plans to include us in the Census. The administration has filed a long series of court briefs attacking LGBTQ rights, from seeking to block workplace protections for trans workers to allowing discrimination against same-sex couples seeking to foster children.

Attacks on the trans community are particularly acute and nasty, including allowing homeless shelters to discriminate against transgender people and rescinding Obama-era guidance that allowed trans students to use facilities that correspond to their gender identity.

He opposes the Equality Act, despite originally supporting it. He named notorious homophobe Mike Pence as his vice president, who famously signed a bill as Indiana governor allowing businesses to discriminate against LGBTQ customers. He has named scores of judges hostile to LGBTQ equality to the federal bench, jeopardizing our community’s gains for years to come. He surrounds himself with bigots and homophobes, like Tony Perkins, Gini Thomas, Brent Bozell, Franklin Graham and Jerry Falwell, Jr. 

I could go on for pages, but you get the point. The Blade’s archives over the last four years are filled with reasons for queer voters to reject Trump. 

So, why vote for Joe Biden and not just against Trump? Again, the list is long. 

Biden has vowed to make the Equality Act his top legislative priority in his first 100 days. This is an important step, as the historic Bostock ruling can be undermined by other lawsuits seeking “religious freedom” carveouts to legalize discrimination and by interpreting the ruling narrowly to allow discrimination in other areas outside of the workplace. 

Back in March, Biden unveiled a comprehensive plan to advance LGBTQ rights. In addition to the Equality Act, he pledges to support international LGBTQ human rights and to ban harmful, discredited conversion therapy nationwide. He vows to reappoint a special envoy to advance international LGBTQ rights, form a coalition of countries to advance international LGBTQ rights and guide the GLOBE Act into passage, as the Blade reported. Further, Biden will work to end the HIV/AIDS epidemic by 2025 and expand PEPFAR. 

“As president, Biden will stand with the LGBTQ+ community to ensure America finally lives up to the promise on which it was founded: equality for all,” the plan says. “He will provide the moral leadership to champion equal rights for all LGBTQ+ people, fight to ensure our laws and institutions protect and enforce their rights, and advance LGBTQ+ equality globally.”

The 17-page plan is detailed and thoughtful and offers a clear vision of how he will work for LGBTQ equality. 

Biden praised the historic June Supreme Court ruling in Bostock that the U.S. Civil Rights Act of 1964 includes LGBT people in its prohibition on employment discrimination based on gender or sex.

“Today, by affirming that sexual orientation and gender identity discrimination are prohibited under Title VII of the Civil Rights Act, the Supreme Court has confirmed the simple but profoundly American idea that every human being should be treated with respect and dignity.” Biden said. “That everyone should be able to live openly, proudly, as their true selves without fear.” 

In other words, Biden will use the bully pulpit for good and to inspire others, rather than to foment division and hurl juvenile insults. 

Biden endorsed marriage equality in 2012, beating his boss President Obama to the punch. Make no mistake that the bully pulpit is powerful; when the president of the United States speaks, the world listens. When Biden and days later Obama endorsed marriage equality, the floodgates were opened and a slew of celebrities, politicians, and everyday Americans followed, eventually aiding the Supreme Court’s 2015 marriage equality ruling. Imagine a president using that awesome power again for good rather than for exacting petty revenge on real and imagined enemies. 

Trump and his toadies like Ric Grenell — who likes to boast of being the first gay Cabinet member, even though he was not Senate confirmed and lacked qualifications for the job — have foolishly tried to paint Biden as anti-gay, citing 1970s era comments about gay federal workers. If Trump wants to talk about the 70s, let’s do that. At that time, Trump’s mentor was Roy Cohn, the notorious closet case who died alone of AIDS after devoting his career to ridding the federal government of gay employees in the Lavender Scare era. Also in the 1970s, Trump was investigated for discriminating against Black renters seeking to live in his apartment buildings. The Justice Department filed a civil rights case against the Trump firm, accusing the company of violating the Fair Housing Act of 1968. The case was eventually settled after a protracted court battle. Trump should be careful about re-litigating the 1970s with Biden. 

And if you needed more reason to vote for Biden, think of the Supreme Court. Trump has already had two conservative picks, but in a second term he could get at least two more. Ruth Bader Ginsberg is 87 years old with recent health scares, and Justice Stephen Breyer is 82. That’s two of the court’s remaining four liberal justices in their 80s. A second Trump term could mean a solid 7-2 conservative majority for years to come. In that case, Roe v. Wade, Obergefell and Bostock would all be in jeopardy. That’s not hyperbole. Challenges to those rulings continue and will only intensify under a second Trump term. Last year, nine states passed bills restricting abortion rights. Undermining and overturning Roe remains the #1 goal of the right, and marriage equality is next on their target list.

Whatever you think of Biden’s policies, there’s no disputing he is a decent man, an honorable father and husband who has dedicated his life to public service. His first big decision as the presumptive nominee was to pick Sen. Kamala Harris as his running mate, a historic and stellar choice. The California senator is a longtime LGBTQ ally who will work with Biden to reverse Trump’s attacks on our community and to advance an equality agenda. 

Joe Biden will work to advance LGBTQ equality. He will restore America’s reputation around the world as an ally in the struggle to protect and expand human rights. His administration will look like America and we could finally see an openly LGBTQ Cabinet member and a roster of senior government officials that showcases our great diversity. Once again, it will take a Democratic president and Congress to fix the economic mess created by the outgoing Republican administration. Biden will ensure that science wins the day and procure and distribute a coronavirus vaccine that is proven safe and effective. He will embrace an overdue dialogue on race and enact new policies to address systemic racism. He will stand up to our enemies like Putin and aid our allies. And he will use the bully pulpit to inspire all Americans to achieve their full potential. 

There is only one rational choice for president this year. Joe Biden has the experience, the wisdom, and the compassion to restore sanity to government and stability to the world.

Kevin Naff is editor of the Washington Blade. Reach him at [email protected]

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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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