Local
Choi trial halted after challenge to judge’s ruling
Preliminary evidence shows ‘vindictive prosecution’
Former Army Lt. Dan Choi and 12 others were arrested last year after protesting ‘Don’t Ask, Don’t Tell’ at the White House. (Blade file photo by Michael Key)
A federal judge on Wednesday suspended the trial of gay former Army Lt. Dan Choi after the prosecutor said she would challenge his preliminary finding that sufficient evidence exists that Choi was targeted for “vindictive prosecution” in connection with a White House protest last November.
Choi and 12 other activists were arrested Nov. 15 for handcuffing themselves to the White House fence to protest the “Don’t Ask, Don’t Tell” law. Choi faces a possible sentence of six months in jail or a $5,000 fine if convicted on a misdemeanor charge of disobeying a lawful order to disperse from the fence.
In a tense exchange between U.S. District Court Magistrate Judge John Facciola, prosecutor Angela George announced she would file a request for a writ of mandamus or legal challenge before the court’s chief judge to contest Facciola’s decision to allow Choi’s attorneys to pursue a vindictive prosecution defense.
Facciola responded by saying he would suspend the trial for 10 days to give George, an assistant U.S. Attorney, time to prepare a motion for a writ of mandamus and to provide Chief Judge Royce Lamberth time to consider it.
William Miller, a spokesperson for the U.S. Attorney’s office, confirmed that George would seek the writ of mandamus from Lamberth. But he declined to comment further on the matter, saying his office never comments on pending cases.
If Lamberth grants the request, legal observers say Facciola would likely be directed not to allow Choi’s attorneys to pursue a vindictive prosecution defense. Should he turn down the request, Facciola would be free to allow the vindictive prosecution defense to move forward.
Such a defense would allow Choi’s attorneys to pursue documents and subpoena witnesses that Choi’s supporters say could possibly link the alleged effort to go after Choi for a harsher prosecution to higher-level government officials, including officials at the White House.
Defense attorney Robert Feldman called Facciola’s finding that the defense presented a “prima facie case” that a vindictive prosecution occurred a “vindication” of Choi’s longstanding contention that his arrest and prosecution violated his constitutional right to free speech.
The clash between George and Facciola came on the third day of the trial and one day after Choi testified for more than two hours as the lead witness for his own defense, saying he was exercising his First Amendment right to free speech at the White House protest.
In response to Feldman’s questions, Choi testified at length about his role as a civil rights activist for LGBT people and for gays in the military. He told how he models his actions on the black civil rights movement of the 1960s, including the famous lunch counter sit-ins at a Woolworth’s department store in Greensboro, N.C., that challenged segregation laws.
Choi testified that a series of three White House protests against the “Don’t Ask, Don’t Tell” law on gays in the military, in which he and other activists were arrested at the White House fence, were based on the same principle used in the black civil rights movement for exercising a constitutional right of free speech.
“I believe that was a transformative moment,” he said of the White House protests.
George objected repeatedly to Choi’s dialogue on civil rights, saying it was not relevant to the case at hand. To the amazement of some courtroom observers, Facciola overruled her objections almost every time she raised them.
In her cross-examination of Choi, George pressed the former Army officer, West Point graduate and combat veteran in the Iraq war to respond to the charge that he disobeyed a lawful order to disperse from the White House fence.
Choi responded by citing a provision in U.S. military law pertaining to unlawful orders.
“If you are given an order that is unlawful or immoral, it is your duty to disobey that order,” he said.
Feldman and defense co-counsel Norman Kent told reporters covering the trial that Choi’s defense is based, in part, on the premise that prosecutors singled him out for a harsher prosecution when they charged him with violating a federal regulation pertaining to White House protests and demonstrations along the White House fence and sidewalk.
The federal regulation carries a penalty of six months in jail and a possible $5,000 fine. The two attorneys said people arrested in virtually all other White House demonstrations in recent memory – including Choi and other activists in similar protests in April and May of 2010 – were charged under a D.C. municipal ordinance they compare to a traffic violation that carries no prison sentence.
In his testimony on Tuesday, Choi said he believes prosecutors decided to invoke the far more harsh federal regulation against him in the Nov. 15, 2010 case, which he now faces at trial, because of his role as a gay former military officer who is “standing up for my beliefs.”
Choi stated in his testimony that thousands of people appeared to have violated the same regulation with which he was charged when they gathered at the White House earlier this year to celebrate President Barack Obama’s announcement that accused terrorist Osama bin Laden had been killed in a U.S. military operation in Pakistan.
Choi and his attorneys noted that dozens of the revelers that evening clung to the White House fence and did not move back and forth along the sidewalk, as required under the ordinance for a demonstration, when they cheered and expressed support for the president’s role in bin Laden’s capture and death.
By not attempting to disperse or arrest the throngs that congregated at the fence on that occasion while they arrested Choi and other protesters for challenging Obama on his handling of the “Don’t Ask, Don’t Tell” law shows that Choi was singled out for “vindictive” prosecution, Choi’s attorneys argue.
Choi and his attorneys also argue that the ordinance that Park Police used to arrest Choi violates the 1969 U.S. Supreme Court decision Shuttlesworth v. Birmingham. The decision overturned a Birmingham, Ala., law used by police there to arrest a civil rights protester in 1963 for demonstrating without a permit on grounds that the law was used to stifle his constitutional right to peacefully parade in a civil rights protest.
In anticipation of Choi’s vindictive prosecution defense, the government filed a motion last Sunday, one day before the trial opened, arguing that rules established by previous court decisions require a vindictive or “selective” prosecution defense to be introduced prior to the start of a trial. The 14-page motion argues that such a defense cannot be introduced during a trial and that Choi’s defense team failed to introduce the defense before the trial started.
Facciola did not rule on the motion at the start of the trial, saying he would do so as the trial progressed to first determine whether Choi’s attorneys would move forward with that defense.
When questioned by George during the trial on Wednesday, Facciola said he chose to reject the government motion on grounds that prior decisions by appeals courts requiring a vindictive or selective defense to be introduced prior to trial applied only to jury trials.
Choi’s case moved forward as a non-jury trial similar to other misdemeanor cases involving alleged violation of regulations pertaining to protest demonstrations at the White House.
George’s announcement about the writ of mandamus came after Facciola appeared to side with arguments by the defense that the government singled out Choi for a harsher prosecution for his Nov. 15, 2010 White House protest.
They attracted national media attention when Choi and 12 other LGBT activists handcuffed themselves to the White House fence. About 75 supporters who assembled across the street in Lafayette Park cheered and chanted slogans for LGBT equality while Park Police removed the handcuffs with bolt cutters and placed Choi and the other protesters under arrest.
In May of this year, the 12 others who were arrested agreed to a government offer to plead guilty to the charge in exchange for the government dismissing the case against them in six months if the activists don’t get arrested during that period for any reason, including a similar civil disobedience protest.
Choi told reporters at a news conference outside the federal courthouse Monday, after the trial recessed for the day, that he rejected the government’s plea bargain offer because he believes the law and regulation used to arrest him is unconstitutional.
“I believe there is no law that, in the history of this country, abridges freedom of speech, assembly, or the right to protest for redress of grievances, which were clear and made plain by all of the defendants,” he said.
George called five Park Police officers and a U.S. Park Ranger as government witnesses on Monday. Under questioning from George, they testified that they had no intention of singling out the protesters for their political beliefs or because of their sexual orientation.
In his cross-examination of the officers, Feldman questioned the validity of their decision to charge Choi under the federal regulation rather than the less serious D.C. municipal statute.
Feldman released an e-mail sent to the defense on Friday by George that extended another offer for Choi to plead guilty to the charge in exchange for the dismissal of the case by the government if Choi refrained from getting arrested for the next four months.
Feldman said Choi responded by saying he would accept the offer only on condition that the government issue a public apology to Choi in court on Monday for the arrest and prosecution against him. Feldman said the government rejected the conditions, prompting Choi to turn down the offer.
A spokesperson for the U.S. Attorney’s office said the office would have no comment on the case while the trial is in progress.
Park Police Lt. Robert Lachance, who led a team of officers assigned to arrest the protesters, testified that an assistant solicitor general at the Department of Interior, which has jurisdiction over the Park Police, advised him that the act of chaining oneself to the White House fence violated a federal regulation against actions that pose a threat to public safety, obstruct traffic, and potentially prevent “emergency responders” from carrying out their work.
At the news conference, Feldman said he planned to argue at the trial that Choi’s action at the White House fence did not violate the regulation and statute cited by the Park Police and by prosecutor George.
“It’s uncontroverted that Lt. Choi is no threat to the public safety whatsoever,” said Feldman. “Neither does he obstruct traffic, which is the second part of the regulation.”
Feldman said he would also argue that the regulation used by authorities to arrest Choi applies only to the sidewalk next to the White House fence. He noted that Choi and the other protesters were standing on a masonry ledge that rises above the sidewalk and serves as an anchor for the White House fence.
“It’s very clear that my client was never on the sidewalk,” Feldman said. “He was on the masonry fence, which is above the sidewalk. And the warnings from Lt. Lachance said, ‘Get off the sidewalk.’ How can you get off the sidewalk if you were never on the sidewalk?”
He said he would also argue that Choi was unable to hear the warning that Lachance made to the protesters through a loudspeaker brought to the scene by Park Police. Lachance testified that he read a scripted message three times ordering the protesters to leave the fence and warning them they would be arrested if they did not comply with that order.
Feldman said Lachance’s warnings were drowned out by loud shouts and chants by Choi and the other 12 protesters handcuffed to the fence as well as by dozens of other protesters assembled in Lafayette Park.
The chants and shouts could be heard in a video recording of the protest that George played in the courtroom as part of a prosecution exhibit for the trial.
“There’s a cacophony of noise all around, and how can you possibly hear Lt. Lachance’s warnings to go away?” Feldman said at the news conference.
Gay activist and former military Capt. Jim Pietrangelo II testified on Tuesday as a defense witness, saying he observed first-hand what he believes were attempts by Park Police and government officials overseeing the police action an effort to single Choi out for a harsher charge based on Choi’s statutes as a gay former military officer and advocate for gays in the military.
District of Columbia
Second gay candidate announces run for Ward 1 D.C. Council seat
Miguel Trindade Deramo among candidates seeking Brianne Nadeau’s seat
Gay Advisory Neighborhood Commissioner Miguel Trindade Deramo on Nov. 18 announced his candidacy for the Ward 1 D.C. Council seat being vacated by incumbent Councilmember Brianne Nadeau.
Trindade Deramo, 39, became at least the sixth Democratic candidate competing for the Ward 1 Council seat in the city’s June 16, 2026, Democratic primary. Among his competitors is fellow gay Advisory Neighborhood Commissioner Brian Footer, who announced his candidacy in July.
Footer serves as chairman of ANC 1E, which represents the city’s Howard University, Park View, and Pleasant Plains neighborhoods in Ward 1
Trindade Dermo serves as chairman of ANC 1B, which, according to its website, represents the neighborhoods of lower Columbia Heights, Cardozo, LeDroit Park, North Shaw, Meridian Hill, the U Street Corridor, and lower Georgia Avenue. The U Street Corridor is where multiple nightlife establishments are located, including at least 10 gay bars.
“I’m running for D.C. Council because I believe this community deserves a leader who will roll up their sleeves and turn progressive policy into action,” Trindade Deramo said in a statement announcing his candidacy. “Together we can unlock Ward 1’s full potential by tackling affordability, reimagining public safety, and addressing local neighborhood concerns,” he said.
His announcement statement says he was born in Michigan, where his mother immigrated from Brazil. It says he came to D.C. in 2012 to train as a U.S. Foreign Service Officer at the State Department. It says he chose to make D.C. his home in 2016 and says he “now lives at 14th and Chapin with his partner, Luis.”
A biographic write-up on his education and career posted on his campaign website states, “Miguel attended Northwestern University, where he immersed himself in LGBTQ+ activism and established himself as a student leader.”
It says that after graduating with a degree in international relations and political science, he became a Foreign Service Officer at the State Department. According to the write-up, after serving a tour in São Paulo, he pursued a graduate degree in Islamic studies at McGill University in Montreal and he later began another federal job as an intelligence analyst at the Department of Homeland Security.
“However, after witnessing the erosion of democratic norms under the Trump administration, the hyper-militarized response to the Black Lives Matter movement, and the insurrection of Jan. 6, Miguel acted on his deep sense of civic duty by leaving the federal government and joining the pro-democracy movement,” his campaign write-up says.
It adds that he soon became involved in electoral reform organizations and a short time later emerged as one of the lead organizers of the D.C. Initiative 83 campaign, in which D.C. voters overwhelming approved a ranked choice voting system as well as open D.C. primary elections.
The June 16, 2026, D.C. Democratic primary in which Trindade Deramo and Footer will be competing against each other and at least four other candidates will be the first time the city’s ranked choice voting system will be in place for D.C. voters.
Under the system, in elections where there are more than two candidates competing, voters can mark their first choice and their second, third, or more choices if they wish to do so. In the Ward 1 Democratic primary next June LGBTQ voters as well as all other voters will have the option of voting for Trindade Deramo or Footer as their first or second choice.
When asked by the Washington Blade what message he has for LGBTQ voters in Ward 1 who will be choosing among two gay candidates, Trindade Deramo said, among other things, he will point out that he has represented the U Street Corridor in his role as an ANC member.
“A huge mission of mine is to make that space for everyone,” he said. “And U Street unites everyone. All the different people from all over the city come there for theater, for clubbing, for thinking, for eating, whatever,” he added. “And that includes LGBTQ+ people.”
Footer didn’t immediately respond to a request by the Blade for comment on Trindade Deramo’s candidacy.
Trindade Deramo’s campaign website can be accessed here:
Brian Footer’s campaign website can be accessed here:
District of Columbia
Acclaimed bisexual activist, author Loraine Hutchins dies at 77
Lifelong D.C.-area resident was LGBTQ rights advocate, sex educator
Loraine Adele Hutchins, a nationally known and acclaimed advocate for bisexual and LGBTQ rights, co-author and editor of a groundbreaking book on bisexuality, and who taught courses in sexuality, and women’s and LGBTQ studies at a community college in Maryland, died Nov. 19 from complications related to cancer. She was 77.
Hutchins, who told the Washington Blade in a 2023 interview that she self-identified as a bisexual woman, is credited with playing a lead role in advocating for the rights of bisexual people on a local, state, and national level as well as with LGBTQ organizations, many of which bi activists have said were ignoring the needs of the bi community up until recent years.
“Throughout her life, Loraine dedicated herself to working and speaking for those who might not be otherwise heard,” her sister, Rebecca Hutchins, said in a family write-up on Loraine Hutchins’s life and career.
Born in Washington, D.C., and raised in Takoma Park, Md., Rebecca Hutchins said her sister embraced their parents’ involvement in the U.S. civil rights movement.
“She was a child of the ‘60s and proudly recalls attending Martin Luther King’s ‘I Have a Dream’ speech with her mother on the D.C. Mall,” she says in her write-up. “She was steeped in the civil rights movement, was a member of the Student Non-Violent Coordinating Committee, and was proud to say she had an FBI record.”
The write-up says Hutchins received a bachelor’s degree from Shimer College in Mount Carroll, Ill. in 1970, and a Ph.D. in 2001 from Union Institute. It says she was also a graduate of the Institute for the Advanced Study of Human Sexuality’s Sexological Bodyworkers certification training program.
The family write-up says in the 1970s Hutchins became involved with efforts to assist tenants, including immigrant tenants, in affordable housing programs in D.C.’s Adams Morgan neighborhood.
“In 1991, she co-authored the groundbreaking book, ‘Bi Any Other Name: Bisexual People SPEAK OUT’ with friend and colleague Lani Ka’ahumanu,” the write-up says. It notes that the acclaimed book has been republished three times and in 2007 it was published in Taiwan in Mandarin.
According to the write-up, Hutchins delivered the keynote address in June 2006 at the Ninth International Conference on Bisexuality, Gender and Sexual Diversity. In October 2009, D.C.’s Rainbow History Project honored her as one of its Community Pioneers for her activist work.
“Loraine is one of the few people who has explained, defended and championed bisexuality and made sure the “B” got into the LGBT acronym,” the Rainbow History Project says on its website in a 2009 statement. “Sensitivity to bisexual issues, civil rights, and social justice issues is Loraine’s life work,” the statement concludes.
The write-up by her sister says that up until the time of her retirement, Hutchins taught women’s and LGBT studies as well as health issues in sexuality at Montgomery Community College and Towson University in Maryland.
“She was a friend and mentor to many in the LGBTQ community,” it says. “She thoroughly enjoyed adversarial banter on the many topics she held dear: sexuality, freedom of speech, civil rights, needs and support of those with disabilities, especially in the area of mobility, assisted housing, liberal politics and many other causes,” it points out.
She retired to the Friends House community in Sandy Springs, Md., where she continued her activism, the write-up concludes.
Hutchins was among several prominent bisexual activists interviewed by the Washington Blade at the time of her retirement in June 2023 for a story on the status of the bisexual rights movement. She noted that, among other things, in her role as co-founder the organizations BiNet USA and the Alliance of Multicultural Bisexuals, she joined her bi colleagues in prodding national LGBTQ advocacy organizations to improve their advocacy work for bisexuals, which Hutchins said had been inadequate in the past but had been improving in recent years.
Hutchins is survived by her sister, Rebecca Hutchins; her husband, Dave Lohman; nephew, Corey Lohman and his wife Teah Duvall Lohman; and cousins, the family write-up says.
It says a private memorial service was scheduled for December and a public memorial service recognizing her contributions to the LGBTQ community will be held in the spring of 2026.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.
Congratulations to David Mack onbeing named the inaugural executive director of the IN series. On accepting the position Mack said, “I’m excited to join the D.C. community as IN Series’ inaugural executive director as the company enters its adventurous next chapter. I’m eager to meet audiences across the Baltimore and Washington, D.C. area in order to help expand access to innovative opera — whether they’re longtime enthusiasts or discovering it for the first time. Thank you … to the IN Series hiring committee for inviting me into your world with open arms, and such generosity of spirit.”
Mack is a seasoned arts executive and producer, with more than 15 years of leadership experience in innovative performing arts organizations, including the African American Art &Culture Complex; Joe Goode Performance Group; and Invertigo Dance Theatre. As a strategic arts consultant, his clients have included LA Dance Project, Diavolo, Architecture in Motion, and Center Theatre Group. As general manager of The Industry, he produced Invisible Cities at LA’s Union Station in collaboration with the LA County Metropolitan Transportation Authority.
Mack has served on the boards of the LA Producer’s League, Western Arts Alliance, and Creative West, and advocated on behalf of artists as a member of the SF Arts Alliance, and Greater Bay Area Arts Coalition. Mack was co-founder of Theatre Magnet, Artist Magnet and Artist Magnet Justice Alliance, a series of Oakland-based arts service and consulting organizations. He is currently a DeVos Institute of Arts & Nonprofit Management Global Executive fellow. He earned his master’s in theater at the California Institute of the Arts.
Congratulations also to Chord Bezerra who is returning to the U.S. Pharmacopeia as Senior Design Manager. Upon accepting the position he said, “Returning to U.S. Pharmacopeia as Senior Design Manager feels like coming home to a mission I care deeply about — using design to make complex science clearer, more human, and more accessible to the people it serves.”
Bezerra has more than 20 years of experience in design leadership and management. He has most recently been manager, Brand and Advertising, CareFirst Blue Cross Blue Shield. Prior to that he was Senior Lead Designer (contractor) CareFirst Blue Cross Blue Shield. His initial stint with Pharmacopeia in Rockville, Md., was as a senior graphic designer. While there, he oversaw award-winning design (2020 Hermes & Marcom Awards); mentored and directed junior designers; and fostered visual storytelling solutions by directing junior designers for two years. He has served as chair and founding member of eQuality Alliance, USP’s first LGBTQIA+ Affinity Group.
Bezerra had his own company for many years, Chord Bezerra Creative in D.C. Clients included national and non-profit organizations such as American Association for the Study of Liver Diseases, The Limited, Columbia Business School, Victory Fund, Zengo Cycling, Capital Pride, and Andrew Christian, among others. He earned his bachelor’s degree in communications from the University of Delaware.
Second gay candidate announces run for Ward 1 D.C. Council seat
PHOTOS: Remove the Regime rally and march
Dominican court strikes down police, military sodomy ban
Acclaimed bisexual activist, author Loraine Hutchins dies at 77
Second ‘lavender scare’ is harming our veterans. We know how to fix it
New LGBTQ bar Rush set to debut
MTG should keep up the pressure on Trump, MAGA
Guillermo Diaz on his role as a queer, Latino actor in Hollywood
27 trans people murdered over last year
