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House GOP cost cap for DOMA defense reaches $3 million

Agreement reached in secret on first day of 113th Congres

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John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade
John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade

U.S. House Speaker, John Boehner has directed the House to defend DOMA in court (Washington Blade file photo by Michael Key)

House Republicans secretly agreed to raise the cost for defending the Defense of Marriage Act in court to $3 million in the first week that the 113th Congress was sworn into office, according to a copy of the contract obtained by the Washington Blade on Tuesday.

The contract, signed by new House Committee on Administration Chair Candace Miller (R-Mich.), allows for expenses to pay for outside counsel to defend DOMA in court to reach $3 million — a full $1 million more than the previous cost cap agreed to in September. In a statement this week, House Democrats said the agreement was reached in secret and they weren’t aware of it until late Monday.

“The General Counsel agrees to pay the Contractor for all services to be rendered pursuant to this Agreement a sum not to exceed $2,750,000.00,” the contract states. “It is further understood and agreed that, effective January 4, 2013, the aforementioned $2,750,000.00 cap may be raised from time to time up to, but not exceeding, $3,000,000, upon written notice of the General Counsel to the Contractor specifying that the General Counsel is legally liable under this Agreement for a specific amount.”

The contact was signed by House General Counsel Kerry Kircher and private attorney Paul Clement, the former Bush administration U.S. solicitor general hired to defend DOMA in court, on Jan. 3, or the first day of the 113th Congress. Miller signed the contract on Jan. 4.

On the same day the attorneys signed the contract, the House approved as part of its rules for the 113th Congress language giving authority for the House Republican-led Bipartisan Legal Advisory Group to defend DOMA in court. The cost cap was raised almost one month after the Supreme Court agreed to take up litigation challenging DOMA, known as Windsor v. United States.

The new agreement means that a cost cap initially set at $500,000 has been raised to $1.5 million, again to $2 million and now most recently to $3 million. Like the previous agreements, the contract states the cost cap may yet again be raised if the parties involved agree to a higher amount in another written contract.

But there’s new language in the contract putting a time limit on the services rendered by Clement; it’ll terminate when litigation is complete or at noon on Jan. 3, 2015 — whichever comes first. The contract also allows for an extension of time limit for parties involved. However, this time limit is almost certainly beyond the time the Supreme Court would reach a decision on DOMA before the end of its term in June.

House Republicans elected to take up defense of DOMA in court in March 2011 after the Obama administration announced it would no longer defend the statute. House Speaker John Boehner (R-Ohio) directed House general counsel to defend the anti-gay law after a party-line vote approving the decision to do so on the five-member House Republican-led Bipartisan Legal Advisory Group.

It’s not the first time that Democrats have accused Republicans of agreeing to raise the cost cap of DOMA in secret. The previous contract that raised the cost cap to $2 million was signed in September, but House Democrats said they didn’t obtain a copy until last month.

House Minority Leader Nancy Pelosi (D-Calif.) and House Minority Whip Steny Hoyer (D-Md.), the two “no” votes on BLAG, responded to news that the cost cap to defend DOMA was yet again raised and raised in secret with consternation.

In a letter to Boehner dated Jan. 15, they jointly renew their call on House Republicans to discontinue defense of DOMA — but also made a new call for Republicans to demonstrate their defense of DOMA more transparently — calling the actions a “clandestine commitment of taxpayer funds” as well as “highly irregular and objectionable.”

“Until Republicans decide to abandon this effort once and for all, we ask you to make your legal plans clear; to make public every contract signed with outside counsel in this case in a timely manner; to declare the total cost of this case to the taxpayers; and to abide by the highest standards of transparency and accountability,” Pelosi and Hoyer wrote.

Pelosi and Hoyer emphasize the House defense of DOMA doesn’t “reflect the will of the House or the consensus of the BLAG.” House Democrats have been filing friend-of-the-court briefs against DOMA before the appellate courts considering the constitutionality of the anti-gay law.

A spokesperson for Boehner deferred questions to the House Committee on Administration, which didn’t immediately respond to a request to comment. It’s the first time over the course House Republican defense of DOMA that Boehner’s has deferred comment and provided a response or simply decline to answer.

Last month, Boehner told the Washington Blade during a news conference when asked he whether supports raising the cost cap to defend DOMA, “If the Justice Department is not going to enforce the law of the land, the Congress will.”

———————–

Below is the full text of the letter from Pelosi and Hoyer:

January 15, 2013
The Honorable John Boehner
Speaker
United States House of Representatives
Washington, D.C.  20515

Dear Speaker Boehner:

As the two Democratic Members of the Bipartisan Legal Advisory Group (BLAG), we wish to strongly reaffirm our objections to the repeated actions by the Republican leadership to secretly and dramatically increase the contract between the House and outside counsel in arguing to uphold the discriminatory Defense of Marriage Act (DOMA) in more than a dozen cases. This is not the first time that House Republicans have made a unilateral decision to raise the ceiling on expenditures for this wasteful litigation that supports a discriminatory statute, without any public discussion or advance notice to Democratic members of the BLAG, Members of the House, or the public. This clandestine commitment of taxpayer funds is highly irregular and objectionable, and it must end now.

Let us be clear: these steps do not reflect the will of the House or the consensus of the BLAG. Democrats do not support any decisions to invest taxpayer funds in defense of an indefensible law. We remain united in our opposition to any effort to preserve, protect, and defend discrimination in our country.

From the start, the Republican-led campaign to defend DOMA has been a practice in futility and a waste of Americans’ hard-earned tax dollars. The Republican-appointed, taxpayer-funded legal team has lost in every case. Courts across the nation have stood on the side of justice and equality for all Americans. DOMA is on its way into the dustbin of history.

It would be bad enough if Republicans were losing in court and accepting the result. Yet it is the height of hypocrisy for House Republicans to waste public funds in one breath then claim the mantle of fiscal responsibility in the next. With Republicans willing to take our economy and our country to the brink of default in the name of deficit reduction, there is simply no excuse for any Member of Congress to commit taxpayer dollars to an unnecessary – and futile – legal battle.

Until Republicans decide to abandon this effort once and for all, we ask you to make your legal plans clear; to make public every contract signed with outside counsel in this case in a timely manner; to declare the total cost of this case to the taxpayers; and to abide by the highest standards of transparency and accountability.

The Defense of Marriage Act now sits before the Supreme Court. We believe it is only a matter of time before this offensive law is a discarded relic of a bygone era. We look forward to the day when this measure is declared unconstitutional by the highest court in the land and when all of America’s families can know the blessings of equal protection under the law.

Thank you for your attention to this matter.

best regards,

NANCY PELOSI
Democratic Leader

STENY H. HOYER
Democratic Whip

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Hungary

JD Vance to travel to Hungary next week

Country’s elections to take place on April 12

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Vice President JD Vance speaks at CPAC on Feb. 20, 2024. He and his wife, Usha Vance, will travel to Hungary next week. (Washington Blade photo by Michael Key)

Vice President JD Vance and his wife, second lady Usha Vance, will visit Hungary next week.

An announcement the White House released on Thursday said the Vances will be in Budapest, the Hungarian capital, from April 7-8.

JD Vance “will hold bilateral meetings with” Hungarian Prime Minister Viktor Orbán. The announcement further indicates the vice president “will also deliver remarks on the rich partnership between the United States and Hungary.”

The Vances will travel to Hungary less than a week before the country’s parliamentary elections take place on April 12.

Orbán, who has been in office since 2010, and his Fidesz-KDNP coalition government have faced widespread criticism over its anti-LGBTQ crackdown.

The Associated Press notes polls indicate Orbán is trailing Péter Magyar and his center-right Tisza party.

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The White House

Pam Bondi ousted as attorney general

Donald Trump announced firing on Thursday

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Now former U.S. Attorney General Pam Bondi (Washington Blade photo by Michael Key)

President Donald Trump removed Attorney General Pam Bondi from her post Thursday, following growing criticism over how she and the Department of Justice handled a range of issues, including matters related to sex offender and Trump ally Jeffrey Epstein.

Trump announced Bondi’s removal on Truth Social, where he also said Todd Blanche will serve as acting head of the Justice Department.

“Pam Bondi is a great American patriot and a loyal friend, who faithfully served as my attorney general over the past year,” Trump wrote on the platform. “Pam did a tremendous job overseeing a massive crackdown on crime across our country, with murders plummeting to their lowest level since 1900.”

Trump was seen as recently as Wednesday with the now-former attorney general at a Supreme Court hearing on citizenship.

The decision contrasts with Trump’s previous public praise of Bondi, the 87th U.S. attorney general and former 37th attorney general of Florida, who served in that role from 2011-2019 before joining the Trump-Vance administration. He has frequently lauded her loyalty and said he speaks with her often. Bondi was also one of president’s defense lawyers during his first impeachment trial.

Privately, however, Trump had grown frustrated that Bondi was not “moving quickly enough” to prosecute critics and political adversaries he wanted to face criminal charges, according to multiple sources. The New York Times reported that her inability to charge former FBI Director James B. Comey and New York Attorney General Letitia James with any crimes is a large factor in the president’s choice to fire her from the government’s primary law enforcement agency.

The move comes as Trump has sought to minimize public turmoil within his administration, avoiding the perception of a revolving-door Cabinet that defined his first term.

Lee Zeldin, a former Republican congressman from New York who unsuccessfully ran for governor, has emerged as a leading contender to lead the Justice Department. He has been one of Trump’s most reliable allies.

“He’s our secret weapon,” Trump said of Zeldin in February during a White House event promoting the coal industry, adding, “He’s getting those approvals done in record-setting time.”

Bondi has also growing faced scrutiny from Congress.

The House Oversight Committee recently subpoenaed her to testify about the department’s handling of certain files, where she declined to answer key questions during a contentious House Judiciary Committee hearing in February.

The Tampa native has a long history of opposing LGBTQ rights through her roles in government. As Florida attorney general, she fought against the legalization of same-sex marriage, arguing it would cause “serious public harm,” pushing forward a legal battle that cost taxpayers nearly half a million dollars. She also asked the Florida Supreme Court to overturn a lower court ruling that found the state’s same-sex marriage ban unconstitutional.

More recently, Bondi established a “Title IX Special Investigations Team” within the Justice Department focused on restricting transgender women and girls from participating in women’s and girls’ sports teams and accessing facilities aligned with their gender identity. She also told Children’s Hospital of Philadelphia to turn over the medical records of anyone under 19 who received gender-affirming care.

Her removal follows Trump’s decision last month to oust another controversial female Cabinet figure, Kristi Noem.

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The White House

VIDEO: Gay journalist detained for booing Trumps at ‘Chicago’ opening night

Eugene Ramirez booed first family at Kennedy Center

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Eugene Ramirez outside of the Kennedy Center after the ordeal, holding a First Amendment rights protest sign he found. (Photo courtesy of Eugene Ramirez)

President Donald Trump and first lady Melania Trump attended the opening night of “Chicago” at the John F. Kennedy Center for the Performing Arts on Tuesday. They were greeted by a mix of cheers, applause, and some audible boos.

Among them was Eugene Ramirez, a gay Washington resident, who later shared his account of the night after being briefly detained by security for booing the president and giving a thumbs-down gesture — an expression of what many would call a textbook definition of constitutionally protected speech to criticize the government.

Ramirez attended the opening night performance with a group of friends, hoping to catch a final show before the center undergoes two years of major changes under Trump oversight. The musical, based on a 1926 play of the same name, has become synonymous with Broadway success.

With music by John Kander, lyrics by Fred Ebb, and a book by Ebb and Bob Fosse, “Chicago” has cemented itself as a cultural staple — known for its signature Fosse choreography, stripped-down staging, and sleek, campy aesthetic. The story follows Roxie Hart and Velma Kelly, women who murder their husbands but — with the help of the manipulative, charismatic, and narcissistic attorney Billy Flynn — walk away scot-free.

It remains the longest-running American musical in Broadway history, and its 2002 film adaptation famously won the Academy Award for Best Picture. On this night, however, the production also became the backdrop for a very modern moment of political protest.

“I accompanied five friends to opening night of ‘Chicago’, as a way to enjoy a final performance in the Kennedy Center as we know it,” Ramirez began to recount to the Washington Blade, describing the moment his group settled into their seats inside the ornate Opera House theater.

Just before the performance began, the twice impeached president and first lady appeared in the balcony box, drawing immediate attention from the audience below. Theatergoers stood, cheered, clapped, and waved, while Ramirez made a different choice.

While accounts of the crowd’s reaction have varied, Ramirez said his response was intentional, immediate, and within his rights. Moments after booing and giving a thumbs-down while recording on his iPhone, security intervened.

The video of Ramirez booing the Trump’s is here:

“Within moments, the director [of security] and another guard approached and escorted me to a side area where several other security guards were waiting,” he said. “I was detained until everyone was seated and the lights dimmed.”

As he was escorted away, Ramirez said his instincts as a journalist kicked in. A former lead anchor for Sinclair’s national evening news broadcast, he said the situation immediately felt off — or more aptly put — as if he could see the strings being pulled from someone attempting to control the narrative.

“Journalism is a vocation, not just a job. I immediately knew there wasn’t just an uncomfortable interaction with security,” he said. “The Kennedy Center is a federally funded cultural institution, and being questioned about speech related to the president in that setting felt like something the public should know about.”

Ramirez explained the difference between a standard visit by a public official and this performance: the president’s appearance wasn’t just ceremonial; it was very clearly a media moment.

“The White House press pool was there, and it was clear this was an effort to manage the president’s image in the media,” Ramirez continued. “The irony was not lost on me that this was happening on opening night of ‘Chicago’, a musical about manipulating the press to shape public perception.”

According to Ramirez, the explanation he received from Kennedy Center Director of Safety and Security Karles C. Jackson Sr., was brief, but illuminating.

“He said, ‘they don’t want booing,’ and even called out my thumbs-down gesture. He never clarified who ‘they’ were, but whether it was the administration or the Kennedy Center, the distinction felt meaningless,” he explained. “Mr. Jackson ultimately told me he was just trying to do his job, shook my hand, and allowed me to return to my seat once the lights dimmed and the overture started playing.”

Ramirez said he didn’t blame the guard individually, noting the broader context of the Kennedy Center’s uncertain future and the pressures staff were under.

“With the center closing in the coming months, some of these security guards being pressured to restrict our freedom of speech may only have a few weeks of work left.”

He believes the decision to remove him was driven less by disruption than optics, particularly given the presence of the press.

“It was very clearly about protection — whether protecting the president from visible dissent, or his image before the media present. There was no disruption as almost everyone was standing and reacting loudly to the arrival of the president and first lady, with cheers, applause, and hand gestures. The difference was that my reaction, unlike most, was negative.”

Drawing on his experience covering public officials, Ramirez said the incident felt more about controlling perception than security.

“Usually, law enforcement may monitor or intervene if there’s a disruption, but here there was no disruption at all. Simply expressing dissent in a public, cultural space drew the attention of security. It made it feel less like a matter of decorum and more like an effort to control the narrative around the president,” he said. “It’s about what happens when dissent is treated as disruption rather than a right.”

“The show hadn’t started. I threatened no one. Billy Flynn would have approved of the optics. The rest of us should be paying attention.”

Ramirez framed the incident as part of a broader constitutional concern, one that is plaguing the Trump-Vance administration as they continue to reject rules and normalcy set forth by other reserved presidents.

“Being singled out by security at a federally funded institution for expressing dissent shouldn’t be brushed off; it undermines the First Amendment,” he said, looking at it slightly distanced from it now. “Being of Cuban heritage, and a journalist, it’s a right I’m not willing to give up readily.”

“Publicly funded cultural institutions should allow visible dissent, even in politically charged moments,” he added. “Of course, I understand the need to manage disruptions during a performance, but that was not the case here.”

The themes of “Chicago”, a long-running satire about media manipulation and public perception, added another layer of irony to the experience, Ramirez explained.

“The satire truly leapt off the stage! A show about controlling the narrative, manipulating the press, and covering up truths by leaning on showmanship and distractions. The show is decades old, but could’ve been written today. We’re being razzle-dazzled daily and it’s getting harder to tell fact from fiction, no matter where you get your news.”

He, being gay, also acknowledged how hard it must have been for the performers on stage, assuming that at least some in the cast were also members of the LGBTQ community — and artists — two things Trump doesn’t always get along with.

“It was not lost on me that many of the actors on that stage, that the president and first lady presumably applauded, are members of the LGBTQ community which this administration has rolled back protections for under the guise of religious liberty and free speech, resulting in blatant discrimination.”

He pointed to a particular number that felt surreal given the circumstances.

“Its ‘Razzle Dazzle’ number celebrates keeping audiences off balance; at its climax, a massive American flag descends as the song celebrates blinding audiences to what is real. Watching that scene after being detained for a thumbs-down was surreal.”

Ramirez said the show’s closing lines were especially sharp given the presidential audience and what he just experienced.

“At the end of the show,

Velma says: ‘You know, a lot of people have lost faith in America.’

Roxie replies: ‘And for what America stands for.’

Velma: ‘But we are the living examples of what a wonderful country this is.’

Roxie: ‘So we’d just like to say thank you and God bless you.’

They had both just gotten away with murder!”

His closing lines, however, were a bit more pointed than “scintillating sinners” Roxie Hart and Velma Kelly’s were in the show.

“Democracy only works when citizens are allowed to boo,” he said. “Tuesday night at the Kennedy Center, ‘Chicago’ made that point better than I ever could.”

The Blade reached out to the Kennedy Center but did not receive a comment back.

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