Congress
Attorney with group that filed Santos FEC complaint expects commissioners will block investigation
Embattled N.Y. congressman facing multiple investigations
An attorney with the group that filed a complaint with the Federal Election Commission on Monday against U.S. Rep. George Santos (R-N.Y.) said the agency is unlikely to pursue an investigation or bring any enforcement action against the congressman or his campaign.
“There are at least three commissioners who are ideologically opposed to enforcing campaign finance law,” Campaign Legal Center Senior Vice President and Legal Director Adav Noti told the Washington Blade by phone on Tuesday.
With a 4-vote majority of the FEC’s six sitting commissioners required to open an investigation, “the working assumption has to be ā for every FEC complaint, no matter how egregious ā that at least three commissioners will block an investigation,” Noti said.
Noti previously served in the FEC’s Office of General Counsel as associate general counsel for policy and in the Litigation Division, where he argued cases before federal district and appellate courts as well as the U.S. Supreme Court, including the landmark 2010 Citizens United v. FEC. case
Notwithstanding what may happen at the FEC, Noti told the Blade the Santos case is unlike anything he had ever seen, in multiple respects.
Per the Campaign Legal Center’s complaint, Santos and his 2022 campaign committee, Devolder-Santos for Congress, stand accused of engaging āin a straw donor scheme to knowingly and willfully conceal the true sources of $705,000 that Santos purported to loan to his campaign; deliberately reporting false disbursement figures on FEC disclosure reports, among many other reporting violations and illegally using campaign funds to pay for personal expenses, including rent on a house that Santos lived in during the campaign.ā
Some of these allegations, which sometimes result in prosecutions, happen, unfortunately, “with some regularity,” Noti said. “But I cannot think of another situation where a successful candidate turns out to have fabricated his entire campaign apparatus.”
Noti said candidates will sometimes falsify the source of the money they received to fund their campaigns, and other times they will conceal how they spent those funds, but “I can’t think of another instance where every dollar that went into a campaign and a significant portion of the dollars that were spent by that campaign appear to be fictitious, or just made up.”
Looking at the money that was funneled through the campaign, even if assuming that the dollar amounts that were reported were accurate, “we don’t know where it came from, and we know where almost none of it went,” Noti said.
Unfortunately, however, “Even in the highly unlikely event that the FEC does conduct an investigation or [pursue an enforcement action,] it would take years,” Noti said, adding that slow-rolling the process is another means by which the commissioners can prevent the agency from enforcing the law.
Nevertheless, Santos is in potential legal jeopardy.
The U.S. Attorney’s Office for the Eastern District of New York, the Nassau County District Attorney’s Office and New York Attorney General Letitia James’ office have opened investigations into the congressman.
On Tuesday, Congressmen Ritchie Torres and Daniel Goldman ā both Democrats ā filed a complaint against Santos to the House Ethics Committee.
Noti said the Justice Department’s case would be a criminal probe into Santos’ possible violations of campaign finance laws, but otherwise the FEC has sole jurisdiction over these matters, so other legal actors are likely looking into other types of financial malfeasance by the congressman.
The FEC will typically wait for the resolution of a criminal probe initiated by the U.S. Attorney’s Office before proceeding with a complaint, Noti said. “If the DOJ starts investigating, theyāll tell the FEC, and then the FEC will wait for the criminal investigation to conclude.”
Either way, “I would be shocked if [Santos] were not seeking legal counsel,” Noti said, adding that he might have a difficult time finding an attorney to represent him.
Santos has been under fire for weeks after media reports revealed the congressman had lied about virtually every aspect of his life, career and identity.
With respect to his treatment of campaign finance laws, “What he did was intentionally deprive the public of the information that voters are entitled to before they decide who to vote for,” Noti said.
Congress
EXCLUSIVE: Gottheimer, Craig introduce bill to address LGBTQ elder abuse
Legislation will be introduced this week
U.S. Reps. Josh Gottheimer (D-N.J.) and Angie Craig (D-Minn.) will introduce a bill this week addressing the “rising elder abuse of LGBTQI+ individuals,” according legislation the Washington Blade previewed.
The Elder Pride Protection Act of 2024 would establish a task force through the Justice Department, with staff selected by the attorney general from the Elder Justice Initiative and the Division of Civil Rights.
They would be tasked with studying “the increased incidence of elder abuse” targeting LGBTQ individuals, developing best practices for a national approach and for state and local authorities to address these crimes, creating and distributing educational materials to raise awareness, and coordinating “the response of local, state, and federal law enforcement agencies.”
The legislation establishes that the task force would be responsible for issuance of a progress report on its work to the U.S. House and U.S. Senate Judiciary Committees.
Importantly, elder abuse as defined under the bill ranges from the use of physical force to cause harm to forced or unwanted sexual interaction, emotional or psychological abuse, the failure to meet basic needs, and financial crimes.
āIām incredibly excited to introduce my new legislation, the Elder Pride Protection Act, that Iām leading with Congresswoman Angie Craig of Minnesota,” Gottheimer said. “No one should ever be mistreated on the basis of their sexual orientation or gender identity, especially our vulnerable elderly populations.”
The congressman added, “This legislation is a critical step in coordinating our response to this runaway abuse at the federal level.ā
āLGBTQ+ seniors paved the way for so many of the rights we have today, and theyāre a vital part of our communities in Minnesota,ā said Craig, who is the first lesbian mother elected to Congress and serves as a co-chair of the Congressional Equality Caucus.
āIām working to pass the Elder Pride Protection Act to help empower LGBTQ+ seniors and combat any abuse they might face,” she said.
Garden State Equality, New Jersey’s largest LGBTQ rights group noted that “for too long, elder abuse of our older LGBTQ adults has gone un- or under- reported,” adding that, “The establishment of this task force will help bridge the gap experienced by our LGBTQ elders.”
“The work of this task force, particularly the creation of uniform procedures and communication between state and federal agencies, will be formative in combating the abuse and neglect of LGBTQ elders and is critical in creating true lived equality for all Americans,” Garden State Equality said.
“SAGE is proud to support the Elder Pride Protection Act of 2024,” said Aaron Tax, managing director of government affairs and policy advocacy for SAGE, a national advocacy and services organization for LGBTQ elders.
“LGBTQ+ elders deserve to age without fear of elder abuse,” Tax said. “We applaud Rep. Gottheimer for championing the establishment of this important task force, which we hope will improve the lives of LGBTQ+ older people.”
David Stacy, vice president for government affairs for the Human Rights Campaign, said, “By establishing the ELDER Task Force, this country has the chance to affirm its commitment to addressing and preventing the abuse that this community faces all too often.”
“Congress should pass this bill and send a message that they are dedicated to ensuring every elder can live free from fear and harm,” Stacy said.
Congress
Garcia and Lee push for insurers to provide doxy PEP for free
Lawmakers note spike in bacterial infections among LGBTQ populations
Democratic U.S. Reps. Robert Garcia and Barbara Lee of California sent a letter on Thursday urging the U.S. Preventive Services Task Force to compel health insurers to provide free access to doxy PEP, a drug regimen for the prevention of sexually transmitted infections.
The USPSTF is an independent panel of experts in primary care and preventative medicine organized under the U.S. Department of Health and Human Services whose primary responsibility is to evaluate the evidence on the safety and efficacy of medical screenings, counseling, and preventative medications.
The lawmakers’ letter explains that in 2019, the USPSTF issued an “A-grade” recommendation for prescribing preexposure prophylaxis (PrEP) ā a different preventative regimen targeting HIV infections ā to “those at increased risk of HIV acquisition.”
As required under the Affordable Care Act, the rating meant health plans were required to offer the drug with no cost-sharing, which “has been enormously beneficial to hundreds of thousands of Americans āparticularly members of the LGBTQIA+ community.”
The letter points to disproportionately high rates of bacterial STIs (“chlamydia, gonorrhea, and especially syphilis”) among LGBTQ populations as well as recommendations published last month by the Centers for Disease Control and Prevention instructing providers to counsel certain patients about PEP, with the agency writing that the drug intervention requires “a focused effort for equitable implementation.”
For these reasons, Garcia and Lee said, “we respectfully ask for your full and fair consideration of a USPSTF recommendation for doxy PEP to the populations outlined in the guidelines with an ‘A’ rating,” with those populations being “gay and bisexual men, other men who have sex with men, and transgender women, and who have a history of bacterial STIs in the past 12 months.”
“Surging STIs are disproportionately impacting LGBTQ+ individuals,” Garcia, a gay co-chair of the Congressional Equality Caucus, said in a press release from his congressional office. “We must ensure that these folks have access to doxy PEP, a critical medication that can save lives and prevent these kinds of infections.”
He added, “By making doxy PEP coverage free by insurers, we can prevent infections and stop the spread of disease for those most vulnerable.”
Lee, a vice chair of the caucus, has a decades-long record of pro-LGBTQ advocacy, particularly in the healthcare space and on issues of HIV/AIDS in the U.S. and around the world.
āWidespread use and education about doxy PEP could prevent thousands of bacterial STI cases every year,” she said in the press release. “However, in order to get this treatment to those who need it most, it’s imperative that doxy PEP is covered by insurance plans with no cost to patients.”
“By ensuring doxy PEP is available with grade A rating by the USPSTF, we’re taking a critical step toward promoting health equity and advancing our mission of using informed, evidence-based interventions to support those most in need,” said David Stacy, vice president of government Affairs for the Human Rights Campaign.
David C. Harvey, executive director of the National Coalition of STD Directors, said “providing healthcare providers with the guidance and encouragement they need to implement doxy PEP in accordance with the new CDC guidelines will be crucial in helping us use doxy PEP to address our out-of-control STI epidemic.”
Congress
Latino LGBTQ activists lobby Congress for federal protections
Hispanic Federation hosted July 2 event at Capitol
On July 9, after most members of Congress had left the Capitol, a small group began setting up a celebration. The halls were nearly silent, aside from the occasional tap of heels on the marble floor, as people slowly streamed into Emancipation Hall and down a corridor. Closer to Senate Meeting Room 212, the intertwining murmur of voices in Spanish and English began to grow.
Then one man stepped to the front of the room and a hush overcame the crowd.
āToday was a great opportunity to meet different members in the House and the Senate,ā Frankie Miranda said. āIt was an eye-opening experience in many different opportunities, seeing how our message was being welcomed. And in other cases, really not resonating at all, with some of them.ā
Miranda, who is the president of the Hispanic Federation, a nonprofit membership and advocacy organization with a mission to āempower and advance the Hispanic communityā with a particular focus to low-income, marginalized, and immigrant Latinos, assured that the advocacy for expanding protections for LGBTQ people would not end on Capitol Hill.
āWe are going to continue our push to make sure that the intersectionality in our communities ā that our LGBTQ Latinx and that female voices are heard,ā Miranda continued, conviction clear in his voice. āWe’re going to continue pushing because we know that after pride, the work continues. We cannot just allow ourselves to just be recognized just one month out of the year.ā
Miranda, who became the Hispanic Federationās first gay president in 2019, has vowed to use his platform to help uplift Latino LGBTQ voices. The organization is doing so by giving money to organizations that help with grants and training that focus on LGBTQ Latinosā experiences ā especially those dealing with immigration, race, culture, and language access.
āIn 2022, the Federation decided to invest a million dollars in funding to support Latinx LGBTQ organizations,ā Miranda said. āThose grantees around this room are part of this incredible initiative that has done incredible work.ā
According to the groupās website, 27 organizations have received up to $50,000 each to help serve the Latino LGBTQ community. In addition to providing funds, the Hispanic Federation also created meetings for these organizations to discuss their needs for the continued support of their communities.
Discussions with Latino LGBTQ organizations have informed the Hispanic Federation about overlooked issues within these communities, eventually leading to the creation of the Advance Change Together (ACT) initiative. The ACT initiative includes grantees who are LGBTQ and Latino from various parts of the country, representing diverse segments of the LGBTQ community.
The ACT initiative is then able to promote specific pro-LGBTQ federal legislation through lobbying.
āWe came together as grassroots orgs to really talk about the current political climate, especially against LGBT rhetoric,ā said grantee Kevin Al Perez, president of Somos Familia Valle. āSpecifically, the rise of trans bills with youth, lots of anti-trans legislation that is thrown against the LGBT community. It also brings together the intersections of the Latine experience when it comes to immigration, when it comes to status, when it comes to all the intersections that all of our organizations meet.ā
Somos Familia Valle is the leading local Latino LGBTQ organization in Californiaās San Fernando Valley that āsupports, empowers, and mobilizes families, and allies for racial, gender, and economic justiceā through community dialogue, advocacy, and civic engagement.
Perez was able to take his successful dialogue techniques to the federal level, highlighting common challenges that California’s Latino LGBTQ community has endured.Ā
āI was able to meet with Sen. Alex Padilla, which was very amazing,ā Perez explained after his day lobbying on the Hill. āWe had our drag story hour protested, we had our local elementary school protested for having a rainbow assembly for children, which is just a book celebrating diverse families ā¦ I was able to really let him know that this even happens in his own community in Los Angeles and San Fernando Valley.ā
He continued, explaining that the significant work done on the Hill is the first of its kind and will hopefully lead to change.
āI think this is us coming together very historical in a way ā that there hasn’t been specifically a Latine LGBT representation, especially here in the Capitol, especially a group, right?ā Perez said. āWe see a lot of LGBT movement work being led by white boards and I think our perspective really gives an opportunity for our communities to be heard.ā
The specific legislation the ACT grantees were promoting includes the Equality Act that would establish uniform and explicit anti-discrimination protections for LGBTQ people, The Healthy Families Act which that would provide a guaranteed minimum of seven paid sick days per year to care for their families or themselves, and the PrEP Access and Coverage Act that would require all private and public insurance plans to cover the HIV prevention pill and related services.
XelestiĆ l Moreno-Luz, a transgender activist and CEO of Saturnās Wish, an arts and culture organization dedicated to āadvancing the artistic and cultural efforts of TGI (trans, gender-diverse, and intersex) BIPOC (Black, Indigenous, and people of color) works,ā is another of the grantees lobbying on behalf of the ACT initiative.Ā
For Moreno-Luz, the Equality Act would give many in her community ā specifically trans Latinos, the ability to be protected federallyĀ
āOne of the biggest things for me is how are our policymakers, the people in office, making sure that TGI (trans, gender-diverse, and intersex) people have employment opportunities,ā Moreno-Luz said when asked why she was on Capitol Hill. āEven if they have an employment opportunity, Is this employment safe? Is this employment an affirming environment for TGI populations? And so that’s kind of like what I was addressing today.ā
For her, this lobbying is more than just passing an act through the House and Senate. It’s about being able to live safely in her own skin.
āA good colleague of mine mentioned today during one of our delegations that this year 17 trans people have been murdered in the United States,ā Moreno-Luz said. āAnd those are just reported murders, with half of them being Latin.ā
According to the Human Rights Campaign, which tracks instances of reported fatal trans violence, has said that in 2023 at least 32 trans and gender-expansive people had been killed through violent means. Moreno-Luz explained that if Congress passes the Equality Act, more trans people would be safe.
āWe’re all humans: That’s the message I always try to tell people,ā Hector Ruiz, president of the South Texas Equality Project (STEP), said while talking with other grantees. āWe love the same, we breathe the same, we eat the same, whatever it may be. Ultimately we’re just people trying to fight for our rights that haven’t been given to us in the past ā as a group that I feel has been underrepresented and undervalued.ā
STEP works towards creating a more affirming community for LGBTQ people in Texasās Rio Grande Valley through educational forums, support groups, fundraisers, meetups, and other events that include RGV+ Pride.
āWe’re just here to let people [members of Congress] know that weāre humans just like everyone else,ā Ruiz added.
Grantee Dagoberto BailĆ³n, co-founder of Trans Queer Pueblo in Phoenix, emphasizes the importance of bridging the gap between members of Congress and those affected by the proposed legislation. He explains that such discussions are crucial for creating meaningful and impactful laws, which can help local organizations better protect LGBTQ Latinos.
āI think it’s important to build connections to really figure out how we can collectively change the way that the U.S. is talking about issues for LGBT people and Latinx people in general,ā BailĆ³n said. āAlso to go back to our states to see what strategies are working in other states so that we can implement them and sort of build a coalition that can push different pressure points, so that we can achieve the same goal.ā
BailĆ³n is not alone in aiming to change attitudes towards LGBTQ people in the U.S. and increase protective measures.
Debo Ofsowitz, the development director for Hope CommUnity Center in Apopka, Fla., also highlighted the importance of getting federal protections for LGBTQ Latinos.
āYoung LGBTQ people are growing up in a country where they feel like their own government is attacking them,ā they said. āThese are young people who know their identity from the day that they were born, just like the rest of us knew our identity from the day that we were born. They feel like they can’t be who they are. They feel like not only are their parents against them, not only their teachers, not only their church, but also their government. We’re trying to change that.ā
And change that they will try.
All three protective bills ā the Equality Act, Healthy Families Act, and PrEP Access and Coverage Act of 2023 ā have all been formally introduced to Congress and have been passed along to committees regarding their issues, but nothing has passed yet.
Visit the Hispanic Federationās website for more information.