National
HRC president terminated after dispute with board on his role in Cuomo affair
David vows lawsuit to challenge termination
Human Rights Campaign President Alphonso David has been terminated as head of the nation’s leading LGBTQ group following a public dispute with the board over his role in the Andrew Cuomo scandal.
Jodie Patterson and Morgan Cox, co-chairs of the Human Rights Campaign, issued a statement late Monday explaining the decision that David, the first Black president of the LGBTQ group, was being terminated under the “for cause” provision of his contract.
“At HRC, we are fighting to bring full equality and liberation to LGBTQ+ people everywhere. That includes fighting on behalf of all victims of sexual harassment and assault,” Patterson and Cox wrote. “As outlined in the New York Attorney General report, Mr. David engaged in a number of activities in December 2020, while HRC President, to assist Gov. Cuomo’s team in responding to allegations by Ms. Boylan of sexual harassment. This conduct in assisting Governor Cuomo’s team, while president of HRC, was in violation of HRC’s Conflict of Interest policy and the mission of HRC.”
According to the statement, the boards for the Human Rights Campaign and Human Rights Campaign Foundation voted to terminate David. The board names Joni Madison, the current chief operating officer of the Human Rights Campaign as interim president effective immediately as board members engage in a search to replace David as president.
The decision to fire David comes after public sniping between him and the board co-chairs on the independent review the Human Rights Campaign initiated after he was named nearly a dozen times in the report issued by New York Attorney General Letitia James.
Both the Human Rights Campaign campaign board and the Human Rights Campaign voted to terminate David. A source familiar with the vote said it happened Monday night and no one voted “no” in either case. The campaign board vote was unanimous and there were two abstentions in foundation board vote, the source said.
The source familiar with the vote said David never told Human Rights Campaign he was helping Cuomo during his role as Human Rights Campaign president or talking to the New York attorney general. The first board members heard about it was when it hit the press, the source said.
According to a report in the New York Times, a person familiar with the deliberations among the HRC board said that David “never told the organization that he was helping to advise Mr. Cuomo when the accusations came to light.” Further, David didn’t consult the LGBTQ group’s counsel, or inform them he was going to be interviewed by James’s office, the Times reported.
The ignominious outcome of David’s tenure at the Human Rights Campaign comes after two years with him at the helm of the organization. Observers had high hopes for him as the first person of color to run the nation’s leading LGBTQ group, which he took into new directions with a foray into legal work on LGBTQ rights.
David, via Twitter, where his profile as of Tuesday morning still identifies him as HRC president, vowed to fight the decision to terminate him in court.
“As a Black, gay man who has spent his whole life fighting for civil and human rights, they cannot shut me up,” David wrote. “Expect a legal challenge.”
The board identified as reasons for termination David’s inability to serve as the public face of the Human Rights Campaign as well as “material damage” David has caused to the Human Rights Campaign as evidenced by media coverage and “hundreds of calls, emails and other negative communications HRC has received from staff, members of the Board of Governors, volunteers, program partners, general members, supporters, corporate partners, political figures, and more expressing serious concern with Mr. David’s conduct and its inconsistency with the values and mission of HRC.”
“This is a painful moment in our movement,” Patterson and Cox said. “While the Board’s decision is not the outcome we had ever envisioned or hoped for in terms of Mr. David’s tenure with HRC, his actions have put us in an untenable position by violating HRC’s core values, policies and mission.”
Over the weekend, David tweeted in a statement the board came to him late Friday telling him the review is completed, but suggested he resign even though they could produce no evidence of wrongdoing.
“I have the support of too many of our employees, board members and stakeholders to walk away quietly into the night,” David said. “I am not resigning.”
The next day, the board sent the email to their fellow members, saying they were “surprised and disappointed by the inaccuracies in his portrayal of events.” The email was shared with the Blade and three sources confirmed its accuracy.
Among the “mischaracterizations” identified by the board was David’s “assertion that there was ‘no indication of wrongdoing on his part.'”
David has said from the beginning he has committed no wrongdoing and wouldn’t resign as HRC president, even though other activists caught up in the scandal — Tina Tchen, president of “Time’s Up,” and Roberta Kaplan, board member of the same organization — made the decision to step down.
After the HRC board email became public on Monday, David issued a subsequent statement on Twitter: “The facts are that I was contacted by the board co-chairs late Friday night,” David wrote. “They told me that the Sidley Austin review was complete, but they would not provide the report to me or anyone. They gave me a deadline of 8 am the next morning to tell them whether I would resign. They didn’t offer a shred of evidence of any wrongdoing on my part when I asked repeatedly.”
At the time news of the New York attorney general report emerged, the board initially supported David, and renewed his contract for five years. The next week, however, the Human Rights Campaign board and David announced they had agreed to an independent review on his involvement in the Cuomo scandal that would be conducted by Sidley Austin LLP and last no longer than 30 days.
Sidley didn’t respond to multiple requests from the Washington Blade to comment over the weekend on the review. The board chairs have indicated the results of the review would be confidential.
According to the New York Times, the person familiar with the review, said there was no written report and there was never going to be one. Instead, there were oral presentations to the board. David is said to have given names to the board of people who would speak on his behalf during the investigation, in addition to the 10 hours he spent being interviewed, the Times reported.
Some legal experts had doubted the validity of a review by Sidley Austin on the basis it was among the legal firms agreeing in 2019 to help with the Human Rights Campaign entering into litigation to advance LGBTQ rights, an agreement David spearheaded upon taking the helm of the organization.
New York Attorney General Letitia James’s report on Cuomo names David nearly a dozen times. Among other things, the report indicated after his tenure as counselor to Cuomo, he kept the personnel file of an employee accusing the governor of sexual misconduct, then assisted in returning that file to Cuomo staffers seeking to leak it to the media in an attempt to discredit her.
(A representative has disputed the characterization of materials David kept as a personnel file, saying it was memorandum on an internal employment matter David kept because he, in part, worked on it. David has said he was legally required to return the material.)
Further, the report finds David allegedly said he would help find individuals to sign their names to a draft op-ed that sought to discredit the survivor but went unpublished, although he wouldn’t sign the document himself. Also, the report indicates David was involved in the discussions about secretly calling and recording a call between a former staffer and another survivor in a separate effort to smear her.
In response, David said he agreed to help with only one version of the letter that was more positive in nature and his part in the discussion about recording a survivor was limited to his role as counselor.
The nation’s leading LGBTQ group is now faced with the task of finding a new president at a time of significant challenges for the movement. The Equality Act is all but dead in Congress and numerous states have enacted laws targeting transgender youth, many of which are being challenged by litigation that was filed by the Human Rights Campaign.
U.S. Military/Pentagon
Federal appeals court rules White House illegally banned trans troops
Defense Secretary Pete Hegseth says Pentagon will appeal to SCOTUS
A panel of federal appeals court judges ruled that President Donald Trump’s policy banning transgender troops likely violates their constitutional rights.
The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that Trump’s Executive Order 14183, also known as “Prioritizing Military Excellence and Readiness,” was created with the intent to exclude people from the military based on their gender identity.
The policy argues that trans people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history of or signs of gender dysphoria as the cause. According to the Defense Department, this creates “medical, surgical, and mental health constraints on [an] individual.”
The policy states that, regardless of the physical or intellectual capabilities of each applicant, it views trans military applicants as a monolith, considering them less qualified than their cisgender peers.
Despite the panel’s majority opinion issued on Monday, the first day of Pride Month, the ban remains in effect. The U.S. Supreme Court allowed the Pentagon to enforce the policy last year and will continue to allow it to remain in place as litigation proceeds.
The panel’s new ruling will prevent the military from discharging current service members named in the lawsuit, but it does not allow new transrecruits to join.
The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins, a Democratic appointee of President Barack Obama wrote for the majority.
Judge Justin Walker, the author of the dissenting opinion and a Republican Trump appointee, argued that the authority to determine military policy does not rest with the courts. Instead, he wrote, the Constitution grants that power to Congress through legislation and to the president as commander in chief of the armed forces.
“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the commander-in-chief,” Walker wrote.
Defense Secretary Pete Hegseth indicated that an appeal is in the works, posting, “See you at SCOTUS” on X on Monday in response to the ruling.
Jennifer Levi, senior director of transgender and queer rights at GLAD Law, which has led the litigation since last November, applauded the decision.
“Today’s decision is a powerful vindication of the plaintiffs’ extraordinary courage and unwavering commitment to their country,” Levi said.
The Washington Blade spoke with Second Lt. Nicolas (Nic) Talbott of the U.S. Army, the lead plaintiff in the case, and Levi from GLAD Law back in November.
While discussing the case and his experiences as a trans service member, Talbott said his identity is an asset rather than a hindrance, particularly when it comes to identifying problems and finding solutions, regardless of what others may think or say.
“Being transgender is not some sad thing that people go through,” Talbott told the Blade. “This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today … my ability to transition was essential to getting me to that point where I am today.”
He also discussed the impact of removing qualified and dedicated service members from the military, arguing that the consequences will be felt long after Trump leaves office.
“When we’re losing thousands of those qualified, experienced individuals … those are seats that are not just going to be able to be filled by anybody,” he said. “[That’s] military training that’s not going to be able to be replaced for years and years to come.”
“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that … We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”
Levi characterized the policy as overtly cruel and legally indefensible to the Blade.
“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”
She also argued that the administration’s cost justification is flawed, saying that removing and replacing trans service members is more expensive than retaining them.
“There’s no legitimate justification relating to cost … it is far more expensive to both purge the military of people who are serving and also to replace people … than to provide the minuscule amount of costs for medications other service members routinely get.”
National
Results from key Tuesday primary races
State officials in California had not called the governor’s race as of Wednesday morning but Republican Steve Hilton and Democrat Xavier Becerra appear likely to advance to the general election.
The race for governor has been scrambled several times after Kamala Harris opted not to run, Rep. Eric Swalwell dropped out after sexual misconduct allegations surfaced, and Rep. Katie Porter’s campaign fizzled. Becerra would be the state’s first Latino governor since 1875 if elected. Hilton was endorsed by President Trump.
In the Los Angeles mayor’s race, the AP declared that incumbent Mayor Karen Bass will advance to the Nov. 3 runoff while former reality TV star Spencer Pratt and LA Council member Nithya Raman were competing for second place. California is notoriously slow in counting ballots and only about half of the results were available by Wednesday morning.
In San Francisco, Democratic State Sen. Scott Wiener advanced to the general election in November, besting Supervisor Connie Chan, who was endorsed by House Speaker Emerita Nancy Pelosi. Pelosi is retiring from Congress after nearly 40 years in the House.
In Iowa, Democratic state Rep. Josh Turek won the primary for an open U.S. Senate seat, defeating state Sen. Zach Wahls. Turek will face Rep. Ashley Hinson, who won the GOP primary with President Donald Trump’s endorsement, in the general election.
The Iowa seat is open because Sen. Joni Ernst (R) decided not to seek re-election. The primary was closely watched by LGBTQ advocates because Wahls rose to national prominence after a speech he made defending marriage equality went viral in 2011. Wahls was raised by a lesbian couple.
National
White House Correspondents’ Dinner rescheduled after shooting
‘We will not allow an act of violence to have the last word’
The White House Correspondents’ Association announced on Tuesday that it has rescheduled its annual dinner for July 24 after the April event was halted when gunshots rang out at the Washington Hilton.
Cole Allen, 31, is charged with the attempted assassination of President Trump, who was in the ballroom at the time of the incident. One Secret Service officer was wounded in the attack. Officers stopped Allen before he could enter the ballroom where 2,500 journalists and politicos were having dinner and waiting for Trump to speak. It was Trump’s first time attending as president.
“We will not allow an act of violence to have the last word, especially during a year when we are reflecting on the 250th anniversary of America and everything we stand for,” said WHCA President Weijia Jiang in a statement to members.
She did not announce further details, including venue and ticketing.
Washington Blade White House reporter Joe Reberkenny was in the audience when shots were fired and reported live on social media from the scene.
This post will be updated as more details are announced.
