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Obama nominates lesbian attorney for judgeship

Kaplan named as candidate for U.S. Court of Federal Claims

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Elaine Kaplan, gay news, Washington Blade
Elaine Kaplan, U.S. Office of Personnel Management's general counsel (Blade photo by Michael Key)

Elaine Kaplan, Currently serves as U.S. Office of Personnel Management’s general counsel. (Blade photo by Michael Key)

President Obama on Tuesday named attorney Elaine D. Kaplan, the current general counsel for the U.S. Office of Personnel Management, as one of two nominees to become a judge on the United States Court of Federal Claims.

If confirmed by the U.S. Senate, Kaplan would become the second out gay person to serve on the specialized court, which hears cases brought by citizens against the federal government to recover monetary damages.

In 2009, Obama appointed Federal Claims Court Judge Emily C. Hewitt, a lesbian, to become the court’s chief judge. Hewitt, whose 15-year term on the court ends in October, was first appointed to the court by President Bill Clinton in 1998.

On Tuesday, Obama also nominated attorney Patricia E. Campbell-Smith to become a judge on the Court of Federal Claims. Campbell-Smith has been serving since 2005 as a special master for the court as part of its program to adjudicate cases involving vaccine related injuries.

“These nominees have dedicated their careers to serving the public good,” the president said in a statement released by the White House. “And in so doing, they have displayed an unyielding commitment to justice and integrity,” he said.

“I am certain that they will serve the American people well from the Court of Federal Claims, and I am honored to nominate them today,” Obama said.

Kaplan has served as general counsel for OPM since 2009 under gay OPM Director John Berry, who was one of Obama’s first high-level gay appointees.

Prior to joining the Obama administration, Kaplan worked from 2004 to 2009 as Senior Deputy General Counsel for the National Treasury Employees Union and from 2003 to 2004 as an attorney for the D.C. law firm Bernabei and Katz.

In 1998, Kaplan was nominated by President Bill Clinton and unanimously confirmed by the Senate to serve as director of the U.S. Office of Special Counsel, where she served a designated five-year term that extended into the first two years of the administration of President George W. Bush.

Congress created the Office of Special Counsel as an independent agency intended to protect the merit-based U.S. civil service system by investigating and prosecuting complaints of prohibited personnel practices against federal government employees. The OSC is also charged with protecting whistleblowers who report instances of government misconduct or waste from improper reprisals.

Kaplan made news during her tenure as OSC chief when she strengthened protections against discrimination based on federal employees’ sexual orientation, citing a provision in the existing U.S. civil service law that she interpreted to cover LGBT employees.

She became the subject of further news reports after completing her term at the OSC when her successor named by Bush, anti-gay attorney and religious right figure Scott J. Bloch, reversed her policy toward gay federal workers. In an action that created an uproar among LGBT activists, Bloch declared that that no legal protections existed for gay or lesbian federal workers targeted for employment discrimination.

During her tenure as general counsel for the NTEU, Kaplan criticized Bloch for his actions as OSC head. Bloch subsequently became the target of an investigation by the FBI, which raided his office and home following allegations that he improperly sought to purge employees at the OSC who disagreed with him and allegedly was responsible for hiring a computer company to “scrub” files from his office computer. He resigned from his OSC position in 2008.

Shortly after pleading guilty in 2011 for contempt of Congress, for allegedly failing to disclose information requested during a congressional hearing, Bloch filed a lawsuit against more than a dozen people he claimed conspired to have him ousted from his job at the OSC. Among those named in the lawsuit, which sought $202 million damages, were Kaplan, Berry, and the Human Rights Campaign, which Bloch accused of conspiring with Kaplan and others to oust him from his job.

According to a clerk at the Fairfax County, Va., Circuit Court where Bloch filed the lawsuit, Circuit Court Judge Jane Roush dismissed the lawsuit on June 29, 2012 without prejudice. The “without prejudice” dismissal gave Bloch the option of filing the case again within six months under Circuit Court rules, but the clerk said there is no record of him having done so.

D.C. attorney Debra Katz, who was also named as a defendant in Bloch’s lawsuit, told the Blade the judge dismissed the case on grounds of “failure to prosecute” because Bloch, who represented himself in court, never served any of the named defendants with a complaint or summons.

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National

Man charged in Mall of America shooting plot inspired by Pulse massacre: report

Suspect exchanged hundreds of messages, pledged loyalty to ISIS

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The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud with planning a crime of terrorism.

The U.S. Department of Justice charged Sheikhdoon Abdullahi Mohamud, 18, of Richfield, Minn., on Oct. 7 with one count of knowingly receiving a firearm and ammunition in order to commit a federal crime of terrorism. Mohamud allegedly planned to carry out a mass-casualty attack in support of ISIS, inspired in part by the Pulse nightclub massacre that took place on June 12, 2016 when then-29-year-old Omar Mateen murdered 49 people and wounded 58 – one of the deadliest mass shootings in U.S. history, and the deadliest targeting the LGBTQ+ community. 

According to a DOJ statement release, Mohamud was arrested on Oct. 6 by the FBI, which had arranged to sell him an AK-47 assault rifle, magazines, and ammunition through an undercover FBI employee. Mohamud was arrested shortly after paying $600 in cash and taking possession of those items; he reaffirmed his intention to shoot people at the Mall of America during the transaction.

“Mohamud allegedly sought to carry out a mass-casualty shooting at the Mall of America, expressing a desire to emulate some of the most horrific ISIS-inspired attacks in the United States, including the atrocities at Pulse Nightclub and 2025 New Year’s Day attack in New Orleans,” said Assistant Attorney General for National Security John A. Eisenberg in the statement by the DOJ. “The National Security Division will continue to work closely with the FBI and Joint Terrorism Task Force to track down and prosecute ISIS-inspired terrorists in the United States.”

According to the complaint, beginning on or about December 2024, Mohamud had exchanged hundreds of messages through multiple social media and messaging apps with a confidential source, and expressed a desire to travel to Somalia to join a designated foreign terrorist organization to fight on their behalf.

The defendant stated many times that if he was unable to travel overseas because of a lack of funds, he planned to carry out a mass-casualty event in Minnesota in support of ISIS. 

According to the DOJ, “In July 2026, Mohamud sent messages discussing his intent to carry out a mass-casualty shooting attack at the Mall of America because he claimed it was owned by Jews. He wrote that [he] wanted to kill 30 to 60 people so no one would go there.”

“During the course of his communications, Mohamud stated that he wanted to commit an attack similar to those of the Pulse Nightclub mass-shooting in Orlando, the Bondi Beach mass-shooting in Australia, and the New Year’s Day vehicle-ramming attack in New Orleans.”

This case is being prosecuted by Trial Attorney Ryan White of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Benjamin Bejar for the District of Minnesota.

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California

Calif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’

Activists, anti-LGBTQ religious leaders criticized Steve Hilton spot

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(Screenshot of Steven Hilton ad)

Two women sit on a bed, a Pride flag hanging behind them. One is nervous; the other tells her to be calm and that she’ll do “all the work.” The music swells. The two hold hands and —  fill out a ballot voting for Steve Hilton? 

This is the new advertisement from the Hilton gubernatorial campaign that is drawing rebuke from both sides of the aisle, but for very different reasons. 

Jorge Reyes Salinas, the communications director at Equality California, said the ad was an insult to the queer community. 

“This ad is a disgusting attempt to exploit lesbian intimacy for political attention,” he said. The advertisement plays on media tropes that Salinas says “reduce lesbian and bisexual women … to sexual entertainment,” rather than showing them as well-rounded characters. “Any group of the LGBTQ+ community deserves the same dignity and respect as everyone else,” he said. 

The ad is truly hyper-sexualized. It ends with one woman telling the other, “Now lick it.” The two pause and stare before she reveals an envelope to send the ballot, and large text pops up saying, “Just try it!”  

Salinas characterized the ad as a desperate attempt to get attention from a candidate who is trailing far behind in the polls in heavily Democratic California. The Democratic candidate Xavier Becerra, who is endorsed by Equality California, holds a 25-point lead over Hilton according to recent polling by the UC Berkeley Institute of Governmental Studies. 

Conservatives have also criticized the ad.

Influential evangelical Pastor Jack Hibbs thought the ad was distasteful and said, “lesbianism among college girls and some high school girls that right now is an actual pandemic of social ill.” Republican attorney general candidate Michael Gates said it undermines “the sanctity of the relationship between parents and their children.” This criticism is rather confusing because although the ad features two relatively young women, they both appear to be adults, not minors. 

“The comments from Pastor Jack Hibbs should be criticized because there is nothing wrong with two women being attracted to each other,” Salinas said. “We’re calling out the ad’s stereotypes, while also rejecting the homophobia in the response to it … by other Republicans.” 

The backlash from Hilton’s own party and supporters shows that an advertisement full of queer innuendo was ill-considered, considering the national GOP’s attacks on LGBTQ people in recent years. Hilton himself has been campaigning against transgender girls and women competing in school sports and using locker rooms that correspond with their gender identity. This context might be why Hilton’s political base responded to the ad just as poorly as the liberal voters he was attempting to court. 

Hilton says the ad is part of a new series rolling out before Election Day, showing stereotypical California liberal archetypes voting for Hilton. He claims these ads are authentically filmed with real actors, as opposed to being A.I. generated, like many of his previous ads. One other advertisement has been released so far by the campaign showing a man at a spiritual retreat also being swayed to vote for Hilton, although it is notably absent of sexual innuendo.

Caleb Kaufman is a California Local News Fellow placed with the Los Angeles Blade. The California Local News Fellowship is a state-funded initiative to support and strengthen local news reporting. Learn more about it at fellowships.journalism.berkeley.edu/cafellows.

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2026 Midterm Elections

Trump uses anti-trans slur against Democratic Senate candidate

President mocked Annie Andrews

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President Donald Trump (Washington Blade photo by Michael Key)

President Donald Trump used an anti-trans slur against Democratic South Carolina Senate candidate Annie Andrews on Monday as he sought to rally support for Republicans in the state’s Senate race.

In a post on Truth Social, Trump attacked Andrews three times, referring to her as “trannie” while promoting U.S. Sen. Darline Graham (R-S.C.)’s campaign.

Andrews is running against Graham for a Senate seat in the solidly Republican state.

Earlier this year, Graham was specially appointed to the seat following the death of her brother, Lindsey Graham, who represented South Carolina in the Senate from 2003 to 2026.

Andrews, the Democratic nominee from the state, is a pediatrician that lives in Charleston with her three children. She told NBC News that she will “work with anyone to put South Carolina first.”

“As a mom and a pediatrician, I’m in this race to fight for my patients, my three kids, and South Carolina,” Andrews said, adding that “lowering costs and making life better for families across our state is going to take all of us working together.”

Andrews used the attention from the president’s attack to emphasize what she described as a focus on policy issues rather than the culture wars that have dominated much of the political debate.

“If you care more about your bills than the politics in Washington, this campaign is for you,” she added.

Trump’s remarks have drawn criticism from leaders on both sides of the aisle.

Senate Minority Leader Chuck Schumer (D-N.Y.) condemned Trump’s words Monday night on social media, calling his attacks on Andrews “despicable.”

“Annie Andrews is a mom and pediatrician who’s always put her community first — and she’s exactly who South Carolina needs representing them in the Senate,” Schumer said on X.

Former South Carolina Gov. David Beasley, a Republican, also criticized the president’s attack on Andrews, urging voters to “reject politics based on division and hate.”

“This is abhorrent. Elections don’t have to be about cruelty and lies. South Carolina deserves better,” Beasley wrote Monday night on X.

South Carolina has not elected a Democratic senator in nearly three decades.

Andrews’s campaign website does not mention her positions on LGBTQ issues.

The Washington Blade reached out to Andrews’s campaign for comment on Trump’s attack and her positions on transgender rights but did not hear back by time of publication.

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