Politics
President Biden oks change to filibuster for voting rights
Biden and the Vice-President Kamala Harris address the urgent need to pass legislation to protect the constitutional right to vote
ATLANTA – President Biden, after paying tribute to civil rights pioneer Dr. Martin Luther King Jr. by leaving a wreath on his grave, brought the strength of his presidency to bear in a speech Tuesday in an effort to reform U.S. Senate rules to enact voting rights legislation.
“I’m making it clear, to protect our democracy, I support changing Senate rules whichever way they need to changed to prevent a minority of senators from blocking basic voting rights,” Biden said.
Biden has indicated before he supports changes to longstanding rules the Senate requiring 60 votes to end a filibuster and proceed with debate on legislation, but the speech marks an elevation of viewpoint in a more formal way and increases the pressure on fellow Democrats like Joe Manchin (W.Va.) and Kyrsten Sinema (Ariz.), who oppose such a change.
Based on his words, Biden’s position on filibuster reform appears limited to voting rights legislation, which like so much other legislation has passed in the House and has stalled out in the Senate. The Washington Blade has placed a request in with the White House seeking comment on why, if Biden supports changing the filibuster for voting rights, why hasn’t he made the case for other issues, such as police reform or LGBTQ civil rights.
A major reason cited by Biden to bring the force of his presidency down on this issue: The attack on U.S. Capitol on Jan. 6, 2021 instigated by President Trump, who falsely claimed he won the 2020 election against Biden.
Biden conjured images of the long road in the civil rights journey in the United States and a “violet riot” at the Capitol that Biden said undermined the process.
The recently enacted voter law in Georgia, which makes mail-in voting illegal, limits hours and locations for ballot drop boxes and bars the delivery of food and water to persons waiting in line to vote, was another major focus for Biden, who pointed out Republican lawmakers in Georgia put it in place after he won the state in 2020 and Trump pressured officials there to find more votes for him.
As a result, Biden said the “threat to democracy is so grave” he supports changes to the filibuster, which came about in use in the Senate from senators seeking to block civili rights legislation.
“If that bare minimum is blocked, we have no choice but change the Senate rules, including getting rid of the filibuster for this,” Biden said.
Biden identified two bills in his speech: the John Lewis Voting Rights Act, which seeks to rectify a U.S. Supreme Court decision undermining the Voting Rights Act and the Freedom of the Vote Act, which would dramatically reform voting process, including the expansion of voting by mail and early voting.
Joining Biden in Atlanta in favor of changing rules to advance voting rights was Vice President Kamala Harris, who said “nowhere — nowhere — does the Constitution give a minority the right to unilaterally block legislation.”
“Over the past few years, we have seen so many anti-voter laws, that there is a danger of becoming accustomed to these laws, a danger of adjusting to these laws as though they are normal, a danger of becoming complacent, complicit,” Harris said. “Anti-voter laws are not new in our nation, but we must not be deceived into thinking they are normal.”
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President Biden and Vice President Harris deliver voting rights speech in Atlanta:
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Full text of the president’s remarks:
In our lives and the lives of our nation — the life of our nation, there are moments so stark that they divide all that came before from everything that followed. They stop time. They rip away the trivial from the essential. And they force us to confront hard truths about ourselves, about our institutions, and about our democracy.
In the words of Scripture, they remind us to “hate evil, love good, and establish justice in the gate.”
Last week, [Vice] President Harris and I stood in the United States Capitol to observe one of those “before and after” moments in American history: January 6th insurrection on the citadel of our democracy.
Today, we come to Atlanta — the cradle of civil rights — to make clear what must come after that dreadful day when a dagger was literally held at the throat of American democracy.
We stand on the grounds that connect Clark Atlanta — Atlanta University, Morehouse College, and near Spelman College — the home of generations of advocates, activists, educators and preachers; young people, just like the students here, who have done so much to build a better America.
We visited the sacred Ebenezer Baptist Church and paused to prayed at the crypt of Dr. and Mrs. King, and spent time with their family. And here in the district — as was pointed out — represented and reflected the life of beloved friend, John Lewis.
In their lifetimes, time stopped when a bomb blew up the 16th Street Baptist Church in Birmingham and murdered four little girls.They [Time] stopped when John and many others seeking justice were beaten and bloodied while crossing the bridge at Selma named after the Grand Dragon of the Ku Klux Klan.
They stopped — time stopped, and they forced the country to confront the hard truths and to act — to act to keep the promise of America alive: the promise that holds that we’re all created equal but, more importantly, deserve to be treated equally. And from those moments of darkness and despair came light and hope.
Democrats, Republicans, and independents worked to pass the historic Civil Rights Act and the voting rights legislation. And each successive generation continued that ongoing work.
But then the violent mob of January 6th, 2021, empowered and encouraged by a defeated former president, sought to win through violence what he had lost at the ballot box, to impose the will of the mob, to overturn a free and fair election, and, for the first time — the first time in American history, they — to stop the peaceful transfer of power.
They failed. They failed. (Applause.) But democracy’s — but democracy’s visi- — victory was not certain, nor is democracy’s future.
That’s why we’re here today to stand against the forces in America that value power over principle, forces that attempted a coup — a coup against the legally expressed will of the American people — by sowing doubt, inventing charges of fraud, and seeking to steal the 2020 election from the people.
They want chaos to reign. We want the people to rule.
But let me be clear: This is not about me or Vice President Harris or our party; it’s about all of us. It’s about the people. It’s about America.
Hear me plainly: The battle for the soul of America is not over. We must stand strong and stand together to make sure January 6th marks not the end of democracy but the beginning of a renaissance of our democracy.
You know, for the right to vote and to have that vote counted is democracy’s threshold liberty. Without it, nothing is possible, but with it, anything is possible.
But while the denial of fair and free elections is un-democratic, it is not unprecedented.
Black Americans were denied full citizenship and voting rights until 1965. Women were denied the right to vote until just 100 years ago. The United States Supreme Court, in recent years, has weakened the Voting Rights Act. And now the defeated former president and his supporters use the Big Lie about the 2020 election to fuel torrent and torment and anti-voting laws — new laws designed to suppress your vote, to subvert our elections.
Here in Georgia, for years, you’ve done the hard work of democracy: registering voters, educating voters, getting voters to the polls. You’ve built a broad coalition of voters: Black, white, Latino, Asian American, urban, suburban, rural, working class, and middle class.
And it’s worked: You’ve changed the state by bringing more people, legally, to the polls. That’s how you won the historic elections of Senator Raphael Warnock and Senator Jon Ossoff.
You did it — you did it the right way, the democratic way.
And what’s been the reaction of Republicans in Georgia? Choose the wrong way, the undemocratic way. To them, too many people voting in a democracy is a problem. So they’re putting up obstacles.
For example, voting by mail is a safe and convenient way to get more people to vote, so they’re making it harder for you to vote by mail.
The same way, I might add, in the 2020 Election, President Trump voted from behind the desk in the White House — in Florida.
Dropping your ballots off to secure drop boxes — it’s safe, it’s convenient, and you get more people to vote. So they’re limiting the number of drop boxes and the hours you can use them.
Taking away the options has a predictable effect: longer lines at the polls, lines that can last for hours. You’ve seen it with your own eyes. People get tired and they get hungry.
When the Bible teaches us to feed the hungry and give water to the thirsty, the new Georgia law actually makes it illegal — think of this — I mean, it’s 2020, and now ’22, going into that election — it makes it illegal to bring your neighbors, your fellow voters food or water while they wait in line to vote. What in the hell — heck are we talking about?
I mean, think about it. (Applause.) That’s not America. That’s what it looks like when they suppress the right to vote.
And here’s how they plan to subvert the election: The Georgia Republican Party, the state legislature has now given itself the power to make it easier for partisan actors — their cronies — to remove local election officials.
Think about that. What happened in the last election? The former president and allies pursued, threatened, and intimidated state and local election officials.
Election workers — ordinary citizens — were subject to death threats, menacing phone calls, people stalking them in their homes.
Remember what the defeated former president said to the highest-ranking election official — a Republican — in this state? He said, quote, “I just want to find 11,780 votes.”
Pray God. He didn’t say that part.
He didn’t say, “Count the votes.” He said, “find votes” that he needed to win.
He failed because of the courageous officials — Democrats, Republicans — who did their duty and upheld the law.
But with this new law in Georgia, his loyal- — his loyalists will be placed in charge of state elections. What is that going to mean? Well, the chances for chaos and subversion are even greater as partisans seek the result they want — no matter what the voters have said, no matter what the count. The votes of nearly 5 million Georgians will be up for grabs if that law holds.
It’s not just here in Georgia. Last year alone, 19 states not proposed but enacted 34 laws attacking voting rights. There were nearly 400 additional bills Republican members of state legislatures tried to pass. And now, Republican legislators in several states have already announced plans to escalate the onslaught this year.
Their endgame? To turn the will of the voters into a mere suggestion — something states can respect or ignore.
Jim Crow 2.0 is about two insidious things: voter suppression and election subversion. It’s no longer about who gets to vote; it’s about making it harder to vote. It’s about who gets to count the vote and whether your vote counts at all.
It’s not hyperbole; this is a fact.
Look, this matters to all of us. The goal of the former president and his allies is to disenfranchise anyone who votes against them. Simple as that. The facts won’t matter; your vote won’t matter. They’ll just decide what they want and then do it.
That’s the kind of power you see in totalitarian states, not in democracies.
We must be vigilant.
And the world is watching. I know the majority of the world leaders — the good and the bad ones, adversaries and allies alike. They’re watching American democracy and seeing whether we can meet this moment. And that’s not hyperbole.
When I showed up at the G7 with seven other world leaders — there were a total of nine present — Vice President Harris and I have spent our careers doing this work — I said, “America is back.” And the response was, “For how long?” “For how long?”
As someone who’s worked in foreign policy my whole life, I never thought I would ever hear our allies say something like that.
Over the past year, we’ve directed federal agencies to promote access to voting, led by the Vice President. We’ve appointed top civil rights advocates to help the U.S. Department of Justice, which has doubled its voting rights enforcement staff.
And today, we call on Congress to get done what history will judge: Pass the Freedom to Vote Act. Pass it now — which would prevent voter suppression so that here in Georgia there’s full access to voting by mail, there are enough drop boxes during enough hours so that you can bring food and water as well to people waiting in line.
The Freedom to Vote Act takes on election subversion to protect nonpartisan electors [election] officials, who are doing their job, from intimidation and interference.
It would get dark money out of politics, create fairer district maps and ending partisan gerrymandering.
Look, it’s also time to pass the John Lewis Voting Rights Advancement Act.
I’ve been having these quiet conversations with the members of Congress for the last two months. I’m tired of being quiet!
Folks, it’ll restore the strength of the Voting Rights Act of ’65 — the one President Johnson signed after John Lewis was beaten, nearly killed on Bloody Sunday, only to have the Supreme Court weaken it multiple times over the past decade.
Restoring the Voting Rights Act would mean the Justice Department can stop discriminatory laws before they go into effect — before they go into effect.
The Vice President and I have supported voting rights bills since day one of this administration. But each and every time, Senate Republicans have blocked the way. Republicans oppose even debating the issue. You hear me?
I’ve been around the Senate a long time. I was Vice President for eight years. I’ve never seen a circumstance where not one single Republican has a voice that’s ready to speak for justice now.
When I was a senator, including when I headed up the Judiciary Committee, I helped reauthorize the Voting [Rights] Act three times. We held hearings. We debated. We voted. I was able to extend the Voting Rights Act for 25 years.
In 2006, the Voting Rights Act passed 390 to 33 in
the House of Representatives and 98 to 0 in the Senate with votes from 16 current sitting Republicans in this United States Senate. Sixteen of them voted to extend it.
The last year I was chairman, as some of my friends sitting down here will tell you, Strom Thurmond voted to extend the Voting Rights Act. Strom Thurmond.
But, folks, then it was signed into law, the last time, by President George W. Bush.
You know, when we got voting rights extended in the 1980s, as I’ve said, even Thurmond supported it. Think about that. The man who led the longest filibu- — one of the longest filibusters in history in the United States Senate in 1957 against the Voting Rights Act [Civil Rights Act]. The man who led and sided with the old Southern Bulls in the United States Senate to perpetuate segregation in this nation. Even Strom Thurmond came to support voting rights.
But Republicans today can’t and won’t. Not a single Republican has displayed the courage to stand up to a defeated president to protect America’s right to vote. Not one. Not one.
We have 50-50 in the United States Senate. That means we have 51 presidents. (Laughter.) You all think I’m kidding.
I’ve been pretty good at working with senators my whole career. But, man, when you got 51 presidents, it gets harder. Any one can change the outcome.
Sadly, the United States Senate — designed to be the world’s greatest deliberative body — has been rendered a shell of its former self. It gives me no satisfaction in saying that, as an institutionalist, as a man who was honored to serve in the Senate.
But as an institutionalist, I believe that the threat to
our democracy is so grave that we must find a way to pass these voting rights bills, debate them, vote.
Let the majority prevail. And if that bare minimum is blocked, we have no option but to change the Senate rules, including getting rid of the filibuster for this.
You know, last year, if I’m not mistaken, the filibuster was used 154 times. The filibuster has been used to generate compromise in the past and promote some bipartisanship. But it’s also been used to obstruct — including and especially obstruct civil rights and voting rights.
And when it was used, senators traditionally used to have to stand and speak at their desks for however long it took, and sometimes it took hours. And when they sat down, if no one immediately stood up, anyone could call for a vote or the debate ended.
But that doesn’t happen today. Senators no longer even have to speak one word. The filibuster is not used by Republicans to bring the Senate together but to pull it further apart.
The filibuster has been weaponized and abused.
While the state legislatures’ assault on voting rights is simple — all you need in your House and Senate is a pure majority — in the United States Senate, it takes a supermajority: 60 votes, even to get a vote — instead of 50 — to protect the right to vote.
State legislatures can pass anti-voting laws with simple majorities. If they can do that, then the United States Senate should be able to protect voting rights by a simple majority.
Today I’m making it clear: To protect our democracy, I support changing the Senate rules, whichever way they need to be changed — (applause) — to prevent a minority of senators from blocking action on voting rights.
When it comes to protecting majority rule in America, the majority should rule in the United States Senate.
I make this announcement with careful deliberation, recognizing the fundamental right to vote is the right from which all other rights flow.
And I make it with an appeal to my Republican colleagues, to those Republicans who believe in the rule of law: Restore the bipartisan tradition of voting rights.
The people who restored it, who abided by it in the past were Richard Nixon, Gerald Ford, Ronald Reagan, George H.W. Bush, George W. Bush. They all supported the Voting Rights Act.
Don’t let the Republican Party morph into something else. Restore the institution of the Senate the way it was designed to be.
Senate rules were just changed to raise the debt ceiling so we wouldn’t renege on our debt for the first time in our history and prevent an economic crisis. That was done by a simple majority.
As Senator Warnock said a few weeks ago in a powerful speech: If we change the rules to protect the full faith and credit of the United States, we should be able to change the rules to protect the heart and soul of our democracy. He was right.
In the days that followed John Lewis’s death, there was an outpouring of praise and support across the political spectrum.
But as we stand here today, it isn’t enough just to praise his memory. We must translate eulogy into action. We need to follow John Lewis’s footsteps. We need to support the bill in his name.
Just a few days ago, we talked about — up in the Congress and in the White House — the event coming up shortly to celebrate Dr. King’s birthday. And Americans of all stripes will praise him for the content of his character.
But as Dr. King’s family said before, it’s not enough to praise their father. They even said: On this holiday, don’t celebrate his birthday unless you’re willing to support what he lived for and what he died for. The next few days, when these bills come to a vote, will mark a turning point in this nation’s history.
We will choose — the issue is: Will we choose democracy over autocracy, light over shadows, justice over injustice?
I know where I stand. I will not yield. I will not flinch. I will defend the right to vote, our democracy against all enemies — foreign and, yes, domestic.
And the question is: Where will the institution of the United States Senate stand? Every senator — Democrat, Republican, and independent — will have to declare where they stand, not just for the moment, but for the ages.
Will you stand against voter suppression? Yes or no? That’s the question they’ll answer. Will you stand against election subversion? Yes or no? Will you stand for democracy? Yes or no?
And here’s one thing every senator and every American should remember: History has never been kind to those who have sided with voter suppression over voters’ rights. And it will be even less kind for those who side with election subversion.
So, I ask every elected official in America: How do you want to be remembered?
At consequential moments in history, they present a choice: Do you want to be the si- — on the side of Dr. King or George Wallace? Do you want to be on the side of John Lewis or Bull Connor? Do you want to be on the side of Abraham Lincoln or Jefferson Davis?
This is the moment to decide to defend our elections, to defend our democracy.
And if you do that, you will not be alone. That’s because the struggle to protect voting rights has never been borne by one group alone.
We saw Freedom Riders of every race. Leaders of every faith marching arm in arm. And, yes, Democrats and Republicans in Congress of the United States and in the presidency.
I did not live the struggle of Douglass, Tubman, King, Lewis, Goodman, Chaney, and Schwerner, and countless others — known and unknown.
I did not walk in the shoes of generations of students who walked these grounds. But I walked other grounds. Because I’m so damn old, I was there as well.
You think I’m kidding, man. It seems like yesterday the first time I got arrested. Anyway —
But their struggles here — they were the ones that opened my eyes as a high school student in the late — in the late ’50s and early ’60s. They got me more engaged in the work of my life.
And what we’re talking about today is rooted in the very idea of America — the idea that Annell Ponder, who graduated from Clark Atlanta, captured in a single word. She was a teacher and librarian who was also an unyielding champion of voting rights.
In 1963 — when I was just starting college at university — after registering voters in Mississippi, she was pulled off a bus, arrested, and jailed, where she was brutally beaten.
In her cell, next to her, was Fannie Lou Hamer, who described the beating this way, and I quote: “I could hear the sounds of [the] licks and [the] horrible screams…They beat her, I don’t know [for] how long. And after a while, she began to pray, and asked God to have mercy on those people.”
Annell Ponder’s friends visited her the next day. Her face was badly swollen. She could hardly talk.
But she managed to whi- — whisper one word: “Freedom.” “Freedom” — the only word she whispered.
After nearly 250 years since our founding, that singular idea still echoes. But it’s up to all of us to make sure it never fades, especially the students here — your generation that just started voting — as there are those who are trying to take away that vi- — vote you just started to be able to exercise.
But the giants we honor today were your age when they made clear who we must be as a nation. Not a joke. Think about it. In the early ’60s, they were sitting where you’re sitting. They were you. And like them, you give me much hope for the future.
Before and after in our lives — and in the life of the nation — democracy is who we are, who we must be — now and forever. So, let’s stand in this breach together. Let’s love good, establish justice in the gate.
And remember, as I said, there is one — this is one of those defining moments in American history: Each of those who vote will be remembered by class after class, in the ’50s and ’60s — the 2050s and ’60s. Each one of the members of the Senate is going to be judged by history on where they stood before the vote and where they stood after the vote.
There’s no escape. So, let’s get back to work.
As my fath- — my grandfather Finnegan used to say every time I walked out the door in Scranton, he’d say, “Joey, keep the faith.” Then he’d say, “No, Joey, spread it.”
Let’s spread the faith and get this done.
May God bless you all. And may God protect the sacred right to vote. Thank you. I mean it. Let’s go get this done. Thank you.
Congress
Garcia confronts Noem over gay asylum seeker ‘forcibly removed’ to El Salvador
Andry Hernández Romero is makeup artist from Venezuela
California Congressman Robert Garcia on Wednesday asked Homeland Security Secretary Kristi Noem about the well-being of a gay asylum seeker from Venezuela who the U.S. “forcibly removed” to El Salvador.
The gay Democrat during a House Homeland Security Committee hearing asked Noem whether Andry Hernández Romero is “alive” and whether “we can check and do a wellness check on him.”
“This individual is in El Salvador, and the appeal would be best made to the president and to the government of El Salvador,” Noem told Garcia.
The Trump-Vance administration in March “forcibly removed” Hernández, who asked for asylum because of persecution he suffered due to his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.
The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”
Alvaro M. Huerta, director of litigation and advocacy for the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Hernández, said officials with U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection claimed their client is a Tren de Aragua member because of his tattoos.
The Washington Blade on April 17 reported Hernández was sent to El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.
Garcia, along with U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) last month met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital. The lawmakers did not visit CECOT, but Garcia told the Blade that the embassy agreed to ask the Salvadoran government to “see how (Hernández) is doing and to make sure he’s alive.”
California Politics
Zbur continues fight for LGBTQ rights amid Trump attacks
He continues to cement a pro-equality legacy in state legislature
Assemblymember Rick Chavez Zbur (D-51), 68, grew up in a rural farming community
surrounded by animals and land in Rio Grande Valley, New Mexico — ultimately becoming the first person in his rural community to attend an Ivy League university.
Since then, he has continued to build his reputation as an advocate and as a
political leader in environmental justice and LGBTQ rights.
Most recently, Zbur introduced Assembly Bill 309, which would support
California’s strategy to prevent the spread of HIV and viral hepatitis by preserving existing laws that increase access to sterile syringes at no added cost to the state.
“Extensive research and data collection has repeatedly proven that increased access to sterile syringes significantly lowers rates of transmission and saves lives
without increasing rates of drug use,” said Zbur when presenting AB 309.
He added that the average estimated cost for lifetime medical costs related to HIV treatment for one person is $326,500. “Syringe access not only saves lives, but it also saves individuals and the state from the steep cost of treatment,” he continued.
As a gay man in the peak of the AIDS crisis, Zbur saw some of his own close friends become ill, motivating him to become an AIDS activist at a time when the federal government was failing to provide resources to the community that needed them the most.
“Since I’ve been in the Assembly, I’ve always had a number of bills every year that focus on uplifting the LGBTQ community, as well as getting to zero, in terms of HIV — zero transmissions, zero deaths, zero stigma.”
Prior to this bill and a few others, Zbur also introduced AB 5, which he says was a culmination of eight years worth of work, from the time he started working for Equality California (EQCA), the state’s largest nonprofit organization dedicated toward advocating for LGBTQ civil rights.
AB 5, which was passed and is now known as the Safe and Supportive Schools
Act, is meant to improve the conditions for LGBTQ students in schools.
“I think this bill has the most impact for LGBTQ youth and it’s the one I’m proudest of because it requires that every teacher in California schools has LGBTQ cultural competency training, to make sure that our schools are safe and supportive.” Zbur, a longtime advocate for the LGBTQ community, has a long history of activism.
In the early 1980s, Zbur campaigned for the fight against HIV/AIDS, helped found the Children Affected by AIDS Foundation and alongside the Los Angeles LGBT Center, organized fundraisers for Bill Clinton while he was governor of Arkansas, and Barbara Boxer, who was then running for U.S. Senate.
“I think part of me coming out more publicly was due to the HIV epidemic and
the fact that I had friends that were getting sick,” he said. “I had a long-term boyfriend
back then and we started to get politically active, really trying to make sure that the
government was doing something about the HIV epidemic.”
He says that this is when he decided he was going to get Barbara Boxer elected, because she was the only Senate candidate during that time who was even mentioning the LGBTQ community.
In 1996, Zbur ran for the United States House of Representatives in California’s 38th congressional district against Republican incumbent Steve Horn. He became the first openly gay non-incumbent congressional primary candidate to win an election when he won the Democratic primary election on March 26, 1996.
During many years following that win, Zbur jumped into another pool of justice
fighting for environmental issues and then in 2014, joined Equality California as
executive director. Under his leadership, EQCA quadrupled in size, passed groundbreaking legislation to advance LGBTQ equality measures and sued the Trump-Pence administration twice, blocking attacks against the transgender community of California.
In 2022, Zbur was elected to the California State Assembly to represent the 51st
Assembly District, a position he currently serves. He was appointed in July 2023 by
Assembly Speaker Robert Rivas to serve as the Democratic Caucus Chair of the California Assembly, one of the Speaker’s key leadership positions. During that time, he also led the advancement in civil rights and social justice for the many other marginalized communities within the LGBTQ umbrella, such as communities of color, communities of faith, immigrants women and people living with HIV.
Zbur says that his work is never over.
“We’re facing greater risks that are greater than I think we’ve faced in recent
years coming out of the [first] Trump administration. The targeting of transgender and
gender non-conforming people is an even greater part of his hostility toward our
community,” he said. “It’s very real, and we see that it’s not just rhetoric. He’s taking real
steps to try to shut down the healthcare that LGBTQ people and transgender people
need.”
Zbur says that he and the other members of the LGBTQ Caucus in Sacramento
are constantly thinking of those decisions and their repercussions.
“I have another bill that is focused on helping transgender people get the
government documents they need, so they can protect themselves from the Trump
administration and so that they can travel easily to get medical care.”
Zbur says that his own coming out story was positive, but he grew up in a time
where he did not know anyone who was out about their identity. He went through many
trials and tribulations to end up in a space where he was finally accepted.
“For me, coming to terms with the fact that I was LGBTQ, was something that
took a number of years,” said Zbur. “The world was just a very different place back then
and the risks were high, coming out.”
When he started his career as a lawyer, he became a partner in a law firm called
Latham and Walkins, where there was not a single person who was out.
“I eventually came out when I was a fourth or fifth year associate and I became
the first out lawyer in the firm’s history, though there were other gay lawyers at the firm.”
Now, at 68, Zbur says that his only regret is that he lived in the closet for too long.
“When I look back at the things I regret, it’s that I lived in the closet for as long as
I did,” he said. “That is a very limiting thing that I think doesn’t allow your soul or your
spirit to flourish.”
California Politics
Governor Newsom supports bill to put LGBTQ helpline number on student ID’s
AB 727 would put the number for The Trevor Project on the back of students ID cards
Gov. Gavin Newsom expressed support for LGBTQ suicide hotline measures for K-12 students in direct response to recent reports that Secretary of Health and Human Services Robert F. Kennedy Jr’s., plans to cut funding for the national nonprofit that provides the resource to LGBTQ people.
“Cutting off kids’ access to help is indefensible. While the Trump administration walks away from its responsibility, California will continue to expand access to life-saving resources, because the life of every child — straight, gay, trans — is worth fighting for,” said Gov. Newsom.
Assembly Bill 727, introduced by Assemblymember Mark González, would aim to facilitate pupil and student safety by requiring schools and institutions to have the telephone number and text line for a specified LGBTQ suicide hotline provided by The Trevor Project, that is available 24 hours per day, 7 days per week.
Existing law that will be enforced July 1, 2025, requires a public or private school that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards to have printed on the identification cards the number for the 988 Suicide and Crisis Lifeline.
This bill would additionally require the list of K-12 public schools and institutions to provide support to youth and their families who have been subjected to school-based discrimination, harassment, intimidation or bullying on the basis of gender identity, sexual orientation or gender expression.
Conservative organizations like the California Family Council are pushing back on this bill, stating that this bill is “forcing LGBTQ advocacy on every student ID — no exemptions for religious schools,” and saying it “undermines families.”
A national 2024 survey by The Trevor Project on mental health of LGBTQ young people, reports that 1 in 10 young LGBTQ-indetifying people in the United States attempted suicide in 2023. Over a third of LGBTQ young people seriously considered suicide within the past year and that figure was even higher for trans and nonbinary-identifying youth, with that figure being 46%.
The survey also found that half of LGBTQ youth who wanted mental health resources and care could not get them. Over 50% of survey respondents answered “a lot” when asked about how often recent politics negatively impact their well-being.
The Trevor Project is one of the nonprofit organizations that is currently at high-risk for losing their funding under Trump’s budget cuts.
The phone number to call for help is 1-866-488-7386 and the number to text for help is 678-678, or you can send them a message at the site link.
Congress
Democratic lawmakers travel to El Salvador, demand information about gay Venezuelan asylum seeker
Congressman Robert Garcia led delegation
California Congressman Robert Garcia on Tuesday said the U.S. Embassy in El Salvador has agreed to ask the Salvadoran government about the well-being of a gay asylum seeker from Venezuela who remains incarcerated in the Central American country.
The Trump-Vance administration last month “forcibly removed” Andry Hernández Romero, a stylist who asked for asylum because of persecution he suffered because of his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.
The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”
Garcia told the Los Angeles Blade that he and three other lawmakers — U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) — met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital.
“His lawyers haven’t heard from him since he was abducted during his asylum process,” said Garcia.
The gay California Democrat noted the embassy agreed to ask the Salvadoran government to “see how he (Hernández) is doing and to make sure he’s alive.”
“That’s important,” said Garcia. “They’ve agreed to that … we’re hopeful that we get some word, and that will be very comforting to his family and of course to his legal team.”
Garcia, Frost, Dexter, and Ansari traveled to El Salvador days after House Oversight and Government Reform Committee Chair James Comer (R-Ky.) and House Homeland Security Committee Chair Mark Green (R-Tenn.) denied their request to use committee funds for their trip.
“We went anyways,” said Garcia. “We’re not going to be intimidated by that.”
Salvadoran President Nayib Bukele on April 14 met with Trump at the White House. U.S. Sen. Chris Van Hollen (D-Md.) three days later sat down with Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador on March 15.
Abrego was sent to the country’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. The Trump-Vance administration continues to defy a U.S. Supreme Court ruling that ordered it to “facilitate” Abrego’s return to the U.S.
Garcia, Frost, Dexter, and Ansari in a letter they sent a letter to Duncan and Secretary of State Marco Rubio on Monday demanded “access to” Hernández, who they note “may be imprisoned at” CECOT. A State Department spokesperson referred the Blade to the Salvadoran government in response to questions about “detainees” in the country.
Garcia said the majority of those in CECOT who the White House deported to El Salvador do not have criminal records.
“They can say what they want, but if they’re not presenting evidence, if a judge isn’t sending people, and these people have their due process, I just don’t understand how we have a country without due process,” he told the Blade. “It’s just the bedrock of our democracy.”
Garcia said he and Frost, Dexter, and Ansari spoke with embassy staff, Salvadoran journalists and human rights activists and “anyone else who would listen” about Hernández. The California Democrat noted he and his colleagues also highlighted Abrego’s case.
“He (Hernández) was accepted for his asylum claim,” said Garcia. “He (Hernández) signed up for the asylum process on an app that we created for this very purpose, and then you get snatched up and taken to a foreign prison. It is unacceptable and inhumane and cruel and so it’s important that we elevate his story and his case.”
The Blade asked Garcia why the Trump-Vance administration is deporting people to El Salvador without due process.
“I honestly believe that he (Trump) is a master of dehumanizing people, and he wants to continue his horrendous campaign to dehumanize migrants and scare the American public and lie to the American public,” said Garcia.
The State Department spokesperson in response to the Blade’s request for comment referenced spokesperson Tammy Bruce’s comments about Van Hollen’s trip to El Salvador.
“These Congressional representatives would be better off focused on their own districts,” said the spokesperson. “Instead, they are concerned about non-U.S. citizens.”
Congress
EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker
Congressman’s correspondence was shared exclusively with the Blade
U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry Hernández Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.
Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Los Angeles Blade.
Garcia noted that Hernández, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.
Pro-bono lawyers representing Hernández during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.
Hernández’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.
Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting Hernández’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”
The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.
Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:
- What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
- What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
- How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
- What mechanisms exist to prevent and address potential misconduct?
- What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
- What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
- What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?
In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:
- Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. Hernández Romero as a member of the Tren de Aragua gang?
- What evidence, beyond Mr. Hernández Romero’s tattoos, was used to substantiate the claim of gang affiliation?
- Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
- What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
- What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?
Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for Hernández’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.”
Hernández’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.
Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”
Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding Hernández’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.
Hernández “was denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,” the governor wrote. “We are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”
Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing Hernández, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.
“Under the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if that’s the case,” she said. “In Andry’s case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.”
“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,” Toczylowski said.
In March, a DHS spokesperson posted on X that Hernández’s “own social media indicates he is a member of Tren de Aragua,” though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity.
During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence — “I’m not a gang member. I’m gay. I’m a stylist.” — crying for his mother as he was slapped and his head was shaved.
Federal Government
USCIS announces it now only recognizes ‘two biological sexes’
Immigration agency announced it has implemented Trump executive order
U.S. Citizenship and Immigration Services on Wednesday announced it now only “recognizes two biological sexes, male and female.”
A press release notes this change to its policies is “consistent with” the “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” executive order that President Donald Trump signed shortly after he took office for the second time on Jan. 20.
“There are only two sexes — male and female,” said DHS spokesperson Tricia McLaughlin in a statement. “President Trump promised the American people a revolution of common sense, and that includes making sure that the policy of the U.S. government agrees with simple biological reality.”
“Proper management of our immigration system is a matter of national security, not a place to promote and coddle an ideology that permanently harms children and robs real women of their dignity, safety, and well-being,” she added.
The press release notes USCIS “considers a person’s sex as that which is generally evidenced on the birth certificate issued at or nearest to the time of birth.”
“If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence,” it reads.
The USCIS Policy Manuel defines “secondary evidence” as “evidence that may demonstrate a fact is more likely than not true, but the evidence does not derive from a primary, authoritative source.”
“Records maintained by religious or faith-based organizations showing that a person was divorced at a certain time are an example of secondary evidence of the divorce,” it says.
USCIS in its press release notes it “will not deny benefits solely because the benefit requestor did not properly indicate his or her sex.”
“This is a cruel and unnecessary policy that puts transgender, nonbinary, and intersex immigrants in danger,” said Immigration Equality Law and Policy Director Bridget Crawford on Wednesday. “The U.S. government is now forcing people to carry identity documents that do not reflect who they are, opening them up to increased discrimination, harassment, and violence. This policy does not just impact individuals — it affects their ability to travel, work, access healthcare, and live their lives authentically.”
“By denying trans people the right to self-select their gender, the government is making it harder for them to exist safely and with dignity,” added Crawford. “This is not about ‘common sense’—it is about erasing an entire community from the legal landscape. Transgender, nonbinary, and intersex people have always existed, and they deserve to have their identities fully recognized and respected. We will continue to fight for the rights of our clients and for the reversal of this discriminatory policy.”
Politics
City of Long Beach passes motion to become LGBTQ sanctuary city
The motion also officially recognizes Trans Day of Visibility on March 31st
Long Beach City Council passes motion to officially recognize March 31st as Transgender Day of Visibility and make Long Beach a sanctuary city for LGBTQ+ people, with all 8 councilmembers in favor.
At Tuesday’s City Council meeting, community members weighed in on the motion through public comment.
“The City of Long Beach is 1 of only 47 cities nationally that have gotten a perfect score on a Human Rights Campaign’s Municipal Equality Index,” said community member Anthony Brice at the public meeting. “It also received an extra 11 bonus points, so we are urging the city to please adopt this motion and uphold those standards.”
In March, Councilmember Megan Kerr, Councilmember Cindy Allen and Vice Mayor Roberto Uranga submitted a recommendation to Mayor Rex Richardson and the City Council to officially recognize March 31st as Transgender Day of Visibility in the City of Long Beach and recognize the City of Long Beach as a ‘Transgender Safe City.’
During the public comment section of the meeting, other community members also voiced their opinion and opposition to Elon Musk bringing SpaceX to Long Beach, citing his openly anti-trans and anti-LGBTQ agenda.
Janine Stallings, a trans community member, urged the city council to not just pass this “performative resolution,” but to also cancel all current contracts with SpaceX and any future plans for contracts.
According to the motion’s recommendation, “the current administration’s policies have raised concerns about the rights and protections of transgender, non-binary, and gender diverse individuals.”
The recommendation goes on to say that Long Beach has long been a hub for LGBTQ+ culture, activism and community, citing the Broadway Corridor as a cornerstone of the community for decades. The corridor is home to numerous LGBTQ+ businesses, gathering spaces and historic advocacy efforts, representing the city’s commitment to diversity and inclusion.
The recommendation – now an approved motion – called for Mayor Richardson to approve the recognition of March 31st as TDOV and make LBC a sanctuary city because it is essential to preserve the safe spaces that already exist.
“I am proud that our city remains an inclusive [city] and a safe place for everyone, especially our transgender community who, like many of you just talked about, face a heightened amount of criticism,” said Councilmember Allen. “It’s just been horrible – everything that’s been happening during this current administration.”
The city already has other policies in place regarding LGBTQ+ culture and identity such as, raising the Progress Pride Flag and the Transgender Pride Flag at City Hall, collecting sexual orientation and gender identity data to identify and address disparities within the community.
According to the recommendation, “under the current administration, it is more important than ever to unite and advocate for the protection of equal rights and legal protections for all.”
Congress
Republican lawmakers demand IOC ban transgender athletes from women’s events
2028 Summer Olympics to take place in Los Angeles
A group of Republican lawmakers have demanded the International Olympic Committee ban transgender athletes from women’s athletic competitions.
The lawmakers — U.S. Sens. Jim Risch (R-Idaho), Mike Crapo (R-Idaho), Jim Banks (R-Ind.), Marsha Blackburn (R-Tenn.), Steve Daines (R-Mont.), Lindsey Graham (R-S.C.), Josh Hawley (R-Mo.), Jim Justice (R-W.Va.), James Lankford (R-Okla.), Tim Sheehy (R-Mont.), and Tommy Tuberville (R-Ala.) and U.S. Reps. Burgess Owens (R-Utah), Lauren Boebert (R-Colo.), Vern Buchanan (R-Fla.), Tim Burchett (R-Tenn.), Dan Crenshaw (R-Texas), Brad Finstad (R-Minn.), Craig Goldman (R-Texas), Mark Green (R-Tenn.), Ashley Hinson (R-Iowa), Mike Kennedy (R-Utah), Nick LaLota (R-N.Y.), Blake Moore (R-Utah), Riley Moore (R-W.Va.), Austin Pfluger (R-Texas), John Rose (R-Tenn.), and Claudia Tenney (R-N.Y.) — made the demand in a letter they sent to IOC President Thomas Bach on Tuesday.
“In the United States, we honor our female Olympians. These athletes, and so many others, have inspired generations of young women around the world to compete and excel. Their legacy underscores the vital importance of fairness in women’s sports at every level of competition,” reads the letter. “Future Olympians are counting on the IOC to protect the opportunities of women and girls to contribute to this proud tradition.”
“To do so, the IOC must base eligibility for women’s athletic competitions on biological sex,” it adds. “Allowing biological males to compete in women’s categories undermines competitive opportunities, safety, and respect for female athletes.”
The IOC in 2021 adopted its “Framework on Fairness, Inclusion and Nondiscrimination on the Basis of Gender Identity and Sex Variations” that includes the following provisions:
• 3.1 Eligibility criteria should be established and implemented fairly and in a manner that does not systematically exclude athletes from competition based upon their gender identity, physical appearance and/or sex variations.
• 3.2 Provided they meet eligibility criteria that are consistent with principle 4 (“Fairness”, athletes should be allowed to compete in the category that best aligns with their self-determined gender identity.
• 3.3 Criteria to determine disproportionate competitive advantage may, at times, require testing of an athlete’s performance and physical capacity. However, no athlete should be subject to targeted testing because of, or aimed at determining, their sex, gender identity and/or sex variations.
The 2028 Summer Olympics will take place in Los Angeles.
President Donald Trump on Feb. 5 issued an executive order that bans trans women and girls from female sports teams in the U.S. The Human Rights Campaign and other advocacy groups criticized Democratic California Gov. Gavin Newsom last week after he said it is “deeply unfair” to allow trans athletes to compete in women’s sports.
The Guardian on Feb. 25 reported the State Department has ordered consular officials “to deny visas to transgender athletes attempting to come to the U.S. for sports competitions, and to issue permanent visa bans against those who are deemed to misrepresent their birth sex on visa applications.” A travel advisory for trans and nonbinary people who are planning to visit the U.S. that the German government issued last week specifically notes the Trump-Vance administration has banned the State Department from issuing passports with “X” gender markers.
The letter notes Trump’s Feb. 5 executive order, and indicates the signatories “stand united with Secretary of State Marco Rubio and President Trump in calling on the IOC to amend its standards and safeguard the opportunities of female athletes on the Olympic stage.”
“We urge you to reaffirm the IOC’s commitment to upholding the integrity of women’s Olympic competitions and ensure that only biological women and girls are allowed to compete in female sports categories,” reads the letter. “The Olympic Games should be a model for integrity in sports, and the next IOC president must firmly defend the rights of dedicated female athletes.”
The Los Angeles Blade has reached out to the IOC for comment.
National
Trump hails anti-trans policies in partisan speech before joint session of Congress
GLAAD: ‘a baseless and unhinged disinformation campaign’
President Donald Trump delivered a divisive and partisan address before a joint session of Congress on Tuesday that also included multiple references to his administration’s anti-transgender executive actions.
“We’ve ended the tyranny of so-called diversity, equity, and inclusion policies all across the entire federal government and indeed the private sector and our military,” Trump said, promising, “our country will be woke no longer.”
Later, he said “We have removed the poison of critical race theory from our public schools, and they signed an order making it the official policy of the United States government that there are only two genders, male and female.”
“I also signed an executive order to ban men from playing in women’s sports,” Trump said.
At that point, the president introduced one of his special guests, Payton McNabb—who, he said, was seriously injured three years ago when her girls’ volleyball game was “invaded by a male” who spiked the ball “so hard in Peyton’s face, causing traumatic brain injury.”
GLAAD, in a press release before Trump’s speech, noted that “McNabb has since been hired by opponents of trans people to use her injury to argue that all trans youth should be denied the chance to play sports as their authentic selves.”
She is “a paid spokesperson for an anti-transgender group that also advocates to ban health care and to force schools to dangerously out LGBTQ youth without their consent,” the group wrote.
Trump continued, “Take a look at what happened in the women’s boxing, weight lifting, track and field, swimming, or cycling, where a male recently finished a long distance race five hours and 14 minutes ahead of a woman for a new record by five hours.”
“It’s demeaning for women, and it’s very bad for our country. We’re not going to put up with it any longer.”
During this section of the speech, news cameras turned to Riley Gaines, a former NCAA swimmer turned anti-trans activist, who was a guest of Republican U.S. Rep. Mariannette Miller-Meeks (Iowa) and has worked with the same group as McNabb.
GLAAD wrote that Gaines “parlayed her fifth place finish into a career of testifying in states she does not live in to support full bans on transgender youth as young as kindergarten from playing sports.”
Later, when decrying government spending, Trump noted $8 million was used “to promote LGBTQI+ in the African nation of Lesotho, which nobody has ever heard of” and $8 million “for making mice transgender.”
About an hour into his speech, the president said, “My administration is also working to protect our children from toxic ideologies in our schools. A few years ago, January Littlejohn and her husband discovered that their daughter’s school had secretly socially transitioned their 13 year old little girl.”
“Teachers and administrators conspired to deceive January and her husband while encouraging their daughter to use a new name and pronouns,” he said. “‘They-them’ pronoun, actually, all without telling January, who is here tonight and is now a courageous advocate against this form of child abuse.”
GLAAD notes that “records show January Littlejohn of Tallahassee, Fla., worked with the school district to support her nonbinary child, before Littlejohn sued the district with lawyers from a national anti-LGBTQ+ group.”
According to GLAAD, the family’s complaint accused school of discussing “restrooms and name change requests with their child without their consent” but “a public records request showed that the family had ongoing communications with the school and gave approval to let their child and their teachers lead on appropriate school protocols.”
“The Trump White House is using the address to Congress to continue its baseless and unhinged disinformation campaign against transgender Americans,” GLAAD said. “The invited guests being deployed to smear transgender people are paid spokespeople for anti-LGBTQ groups that demand schools dangerously out LGBTQ students without their consent, who go against every major medical association supporting medically-necessary health care, and do nothing to promote women and girls in sports or protect everyone’s safety and wellbeing.”
Congress
Garcia vows not to be silenced amid U.S. Attorney’s inquiry into his criticism of Musk
Congressman received a letter from the U.S. attorney’s office in D.C.
U.S. Rep. Robert Garcia (D-Calif.) is pushing back after President Donald Trump’s interim U.S. attorney for D.C., Ed Martin, disclosed his office’s inquiry into whether the congressman’s remarks about Elon Musk earlier this month constituted a threat against a public official.
“This is completely ridiculous, to essentially threaten me with possible prosecution [and] investigations through the U.S. Department of Justice because I used a metaphor to criticize Elon Musk,” Garcia told The Bulwark’s Tim Miller during an interview on Feb. 20.
At issue is a Feb. 12 appearance on CNN during which, as Martin said in a letter to the congressman’s office, “When asked how Democrats can stop Elon Musk, you spoke clearly: ‘What the American public wants is for us to bring actual weapons to this bar fight. This is an actual fight for democracy.’”
He continued, “This sounds to some like a threat to Mr. Musk—an appointed representative of President Donald Trump who you call a ‘dick’—and government staff who work for him. Their concerns have led to this inquiry.”
Garcia’s comments came just after he participated in the first House subcommittee hearing on Musk’s DOGE, the Department of Government Efficiency, which was established by an executive order issued on the first day Trump took office.
In a statement to the Los Angeles Blade, House Democratic Leader Hakeem Jeffries (N.Y.) said “Rep. Robert Garcia is a thoughtful, hardworking, and law-abiding legislator who serves his constituents and the nation with distinction. House Democrats will not be intimidated by far-right extremists who are determined to weaponize the criminal justice system against Congress.”
Garcia serves on the powerful House Oversight Committee as well as in the Congressional Equality Caucus, as one of its 11 LGBTQ+ co-chairs. In November, he was elected the Democratic Caucus Leadership Representative.
“I’ve talked to a lot of folks, members of the House and others, who have been very supportive.” he said on Feb. 20. “I said, ‘Look, we can’t allow this singling out of me. It’s not really about me, right? This is about silencing critics and critics in Congress.’”
Later in the interview, he added “we’re talking to the appropriate folks, and of course, talking to folks in the Democratic leadership” who understand the broader stakes in terms of “our job” as House Democrats to “be the loyal opposition.”
U.S. Rep. Gerald Connolly (Va.), the Oversight Committee’s top Democrat, also issued a statement condemning Martin’s letter:
“This is a shameful attempt to silence and stifle congressional oversight. Mr. Martin—an organizer, financier, and legal representative for the January 6th insurrection—is weaponizing the Justice Department to carry out the president’s retribution tour.
“This ‘Operation Whirlwind’ is a smokescreen meant to distract from the true intentions of the Trump administration: Silencing criticism and snuffing out any attempt to exercise oversight of their misdeeds and perversion of the law. I can assure you that Congressman Garcia and our fellow Oversight Democrats will not be deterred by these threats, and we will continue to fight to safeguard our democracy and protect the rights of the American people we serve.”
Martin on Feb. 19 announced “Operation Whirlwind,” a new initiative to prosecute threats against public officials at all levels of government, which some critics and legal experts believe is primarily intended as a means of silencing criticism.
In addition to Garcia, Martin has sent letters to the Senate’s Democratic Leader Chuck Schumer (N.Y.) on Jan. 21, Feb. 3, and Feb. 11, indicating plans to review remarks he made in 2020 to see if they constituted unlawful threats against two of Trump’s U.S. Supreme Court nominees, Brett Kavanaugh and Neil Gorsuch.
“I want to tell you, Gorsuch,” Schumer said, “I want to tell you, Kavanaugh—you have released the whirlwind and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”
The top Senate Democrat was speaking during a rally about the conservative jurists’ potential revocation of decades-old constitutional protections for abortion, which they ultimately did in 2022 with their 5-4 decision in Dobbs v. Jackson Women’s Health Organization.
As detailed by aide to the senator in his response to Martin, “on March 5, 2020, the day after the comments referenced in your letter, Senator Schumer made the following remarks” from the Senate floor:
“Now, I should not have used the words I used yesterday. They didn’t come out the way I intended to. My point was that there would be political consequences—political consequences—for President Trump and Senate Republicans if the Supreme Court, with the newly confirmed Justices, stripped away a woman’s right to choose.
“Of course, I didn’t intend to suggest anything other than political and public opinion consequences for the Supreme Court, and it is a gross distortion to imply otherwise. I am from Brooklyn. We speak in strong language.
“I shouldn’t have used the words I did, but in no way was I making a threat. I never—never—would do such a thing. Leader McConnell knows that, and Republicans who are busy manufacturing outrage over these comments know that too.”
The aide concluded, “As Senator Schumer’s statement on the Senate floor confirmed, the comments were not a threat to physically harm any person. I hope that this clarifying information is helpful.”
Shortly after Trump’s appointment of Martin, the conservative lawyer and activist dismissed pending cases against rioters who sacked the Capitol building on Jan. 6, 2021, fired the prosecutors who were involved, and began investigations into those who brought obstruction charges that were ultimately invalidated by a U.S. Supreme Court decision in June.
Barbara McQuade, a former federal prosecutor who teaches law at the University of Michigan and serves as a legal analyst for NBC News and MSNBC, told the Washington Post she had “never seen anything like these letters from a U.S. attorney,” who would typically assign agents to lead such a probe while abiding the Justice Department’s policy of not confirming or denying the existence of any investigation.
“It seems like a fair inference that these letters are designed more to chill free speech than to seek clarification, as they purport to do,” McQuade added.
Garcia agreed, telling Miller that the effort “could have a chilling effect on other folks that actually want to come out and criticize and oppose” Trump, Musk, the administration, or their allies.
Looking ahead, Martin has “given me, by the way, till Tuesday to respond to this letter,” Garcia noted. When asked about what he planned to do, the congressman said “we’re having some conversations about that” but “what we’re not going to do is stay silent.”
“The lesson here is not to retreat,” he said. “The lesson here is to push harder and continue to let people know they are literally trying to limit free speech.”
Discussing his remarks about Musk during an appearance on CNN on Feb. 20, Garcia said “what’s really critical at this moment, I think, for all of us to understand, is that we should be allowed to speak freely, and we certainly should be allowed to use figures of speech, and anyone that watches that can see that as a figure of speech or a metaphor in the way we’re describing this fight.”
The congressman added, “And it is a fight. This is a fight for democracy.”
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