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
Trans activists gather on National Mall for Transgender Day of Visibility
Around 200 members, supporters of the trans community, gathered on the Mall amid the increasingly hostile political environment.
The National Mall was covered in kites on Saturday as transgender activists from around the country gathered to support the second annual Transgender Day of Visibility. The event, put on by the Christopher Street Project — whose mission to protect and support trans Americans on the ballot and in streets — brought together around 200 supporters and organizations to honor trans homicide victims and rally for the future of human rights.
Created 17 years ago by psychotherapist and trans activist Rachel Crandall-Crocker, the day was born out of a need to celebrate one of the most marginalized groups in American politics, she told The 19th in 2021.
Since then, the nation has slowly caught up. This year marked the second time the observance has expanded into a multi-day movement, with events ranging from panels and congressional lobbying to organizing efforts, culminating in a rally on the “nation’s front door” — the National Mall.
A recent survey conducted by SRSS, a national research and marketing firm, and commissioned by the Human Rights Campaign Foundation, found that 41 percent of American adults say they personally know someone who is trans. That figure is up from previous estimates of around 30 percent. The study also shows that 27 percent say they have had a regular conversation with a transgender person in the last year. For HRC, this data is confirmation that visibility efforts are working.
“Transgender people are not strangers. They are our neighbors, coworkers, family members, and friends. And this new data shows that as people get to know them, they are more likely to stand by them as allies,” said Kelley Robinson, president of HRC said in a statement. “Defending trans rights is part of defending democracy itself. The more we show up for each other, the stronger our communities and our democracy become.”
Despite this progress and growing positive sentiment, more than 80 anti-trans bills are currently pending in state legislatures across the country, according to HRC, while similar issues are being debated at the national level. Many of the bills seek to restrict trans youth from participating in sports aligned with their gender identity and limit access to gender-affirming medical care.
Tyler Hack, founder and executive director of the Christopher Street Project, who is trans and nonbinary, spoke with the Washington Blade on March 28 about the growing importance of the day.
“We saw that there was a lack of political power for the trans community. We saw that there was a lack of political power for the trans community,” Hack said. “We decided to step up and implement the demand leadership and have galvanized people all across this country for Trans Day of Visibility and our gatherings these last few days we’ve had people come from as far as Hawaii to come celebrate with us, advocate for our rights on the hill, and learn about what it means to fight for all of us.”
Fighting for “all of us,” Hack noted, means showing up where political power is concentrated — in the nation’s capital. The National Mall, a hub for both protest and tourism, draws a wide range of visitors, from political activists brandishing MAGA hats or “You did it, Joe” t-shirts to everyday sightseers.
“I literally just saw a guy in a Trump shirt [at the rally], but we’re not going anywhere,” they said. “Visablity is really important, alongside needing to be an active parts of society, being having public life, and we need to demonstrate that we’re not going anywhere. I mean, we had people from the hill, Congress members come who weren’t even planning to come and did … We are now learning about what it means to fight for and stand up for our rights.”
Hack then looked toward the Capitol after being asked why they believe there are so many negative — and false — statements coming from congressional legislators about trans people. After a pause, they emphasized that the fight for trans rights is often deliberately mischaracterized by Republican opponents try to turn Americans against the community. That, they pointed out, is not what is happening outside the halls of the Hill.
“We are fighting for an America that works for all of us, and we know that,” Hack said. “We know that fighting for all of us is not unpopular. What’s unpopular is genital inspections in schools for girls as young as four years old — who some of our leaders want to transvestigate for not looking feminine enough. What’s unpopular are subpoenas of hospitals so the government can go through your records and decide what they like and don’t like. It is about power.”
That framing — that trans people simply want to live freely and equally under the law — has become central to the movement’s messaging, even as conservative media organizations and political leaders continue to shape public perception in opposing ways.
“We can’t cede any ground because we don’t need to. We are not fighting for a cause that’s inherently unpopular. People know that we shouldn’t throw anyone under the bus, and that’s what we’re here to say to our leaders: we’re paying attention.”
This year’s TDoV was noticeably larger in production than last year’s event, with a bigger stage, more high-profile speakers, increased security, and expanded programming across multiple days.
“We also planned three days of programming. We had dozen panels and workshops on Thursday, and we had over 75 Hill meetings on Friday,” they said. “Now we have this rally, and our capacity hasn’t grown that much — a lot of this was done by two people, but I think it just has come to fruition in a way. I’m happy with it, but I would love to see people with crazy budgets and includes expanded capacity, also we can continue to step out and do the work.”
One moment that stood out to Hack was seeing a parent advocate for her trans child — highlighting what they described as the deeply human nature of these stories.
“The first person to come up to me today was a mom of a trans kid and a nonbinary kid who said she came to our whole convening, going to the Hill to advocate yesterday — for the first time, because we inspired her to act, and that she was too scared to be a part of something,” they said. “She knew that her kids’ lives had been criminalized and that she needed to act and –that really hit me. I also know most of the people who educated our lawmakers, were people who have never been to the Hill before. These people who were also telling their stories, were also fighting for reproductive freedom for all. I mean, we had people from Hawaii, Washington State, California, people who some of them hadn’t been to D.C. Those are the people that we are here to mobilize because they haven’t been galvanized by any project before. I’m just grateful we gave them something that they’re willing to get behind.”
Speakers throughout the rally echoed similar themes of urgency, visibility, and collective action.
Rayceen Pendarvis, a local D.C. trans activist, spoke at the event, emphasizing the history behind the current fight — especially the exclusion of trans people from broader LGBTQ movements — and the need to push back against current political attacks on the most marginalized.
“Trans people in D.C. had to fight for their seat at the table. Trans people were either an afterthought — or left out completely. Now, trans people have become the scapegoat. Ignorance about trans people has been weaponized.”
The lifelong Washingtonian, who had a popular show that ran for 10 seasons with a range of programming covering local and national LGBTQ topics from 2012–2021, continued on the need to stay aware and vocal during the increasingly difficult Trump-Vance administration.
“We have to push back — be as relentless as they are. If your vote was not important, they wouldn’t spend so much time trying to stop you from using it. Voting is not enough — we all must get involved. Let us make our ancestors proud by unifying, organizing, and fighting back.”
She ended her speech with advice to not only strategically spend time advocating, but also build relationships within and around the transgender community.
“Support each other, encourage each other, and help each other. Spend time with your trans elders while you can and learn from them. Give them their flowers, but also give the old dolls some money to pay their bills,” she said to cheers from the crowd. “Allies need to put their money where their mouth is!”
“RuPaul’s Drag Race” contestant, singer-songwriter, and trans activist Peppermint spoke about the mixed feelings the day brings, allowing her to recognize both pride and frustration with the slow-moving progress for the transgender community.
“I love being trans, and it’s inspiring to see more people feel comfortable expressing who they are,” Peppermint said to the crowd. “But I’m disappointed that we have to march for our rights. I’m disappointed that we have to convince people who we are, while we’ve been here supporting them all along. I’m disappointed that not enough people show up when the trans community is under attack.”
Last year, a record number of anti-trans policies passed through state and federal legislatures — many originating from Republican lawmakers who argue such measures are necessary for safety. Idaho voted to make it a criminal offense to use the bathroom aligned with one’s gender identity if it does not match sex assigned at birth, setting up a bounty-style enforcement system. Twenty-seven states have banned sports participation for transgender children, primarily targeting transgender girls, citing fairness and safety — claims that research has shown are not supported by evidence. Last month, Kansas’s state Senate voted to invalidate driver’s licenses and birth certificates of trans residents who had updated their gender markers, while also defining sex strictly as assigned at birth.
Peppermint highlighted the specific cruelty of these policies and echoed the rally’s broader message.
“People are being asked to make an agreement to throw us under the bus. You’re watching our civil rights be stripped away like it’s entertainment. When you empower a government to take rights from some, you empower it to take rights from everyone,” the Broadway performer added. “That’s the reality we’re facing.”
She finished by affirming those present and pointing toward the future of the fight for equal treatment under the law.
“Trans people are women, men, nonbinary, immigrants, disabled — every kind of person. We are here, and we are inevitable. I’m disappointed — but I’m hopeful. I’m grateful — and you should be too,” Peppermint said. “I love you, I’m in awe of you, and I am grateful for you. I’m proud to stand with this diverse trans community. We have always shown up for others, year after year. And we’re still here.”
Rabbi Abby Stein framed the moment through a spiritual and historical lens, offering an alternative to narratives often pushed by conservative lawmakers and commentators.
“They’ve moved past trying to erase us — they’re using us. We have become the rock they’re using to hit the people they want to oppress,” Stein said. “We are visible, but we’ve been forced into a narrow place. That’s the reality of this moment.”
She continued, explaining that, despite what some have said, her trans identity reaffirms her religion and strengthens her Jewish faith.
“For generations, we’ve told stories about leaving narrow places. Those narrow places exist today — in closets, in systems, in the ways people try to restrict us. But we have always found a way out. That is our history and our power.”
“Coming out and being who you are isn’t just okay — it’s a spiritual obligation. It is powerful, and it is necessary. If you try to take away our visibility, our rights, and our joy, you will fail. We are going to win because we will keep fighting together.”
Other activists that spoke included military members who had been forced out of their jobs and benefits following the Trump-Vance administration’s return to banning transgender military members, including SPARTA Pride Executive Director and US Army Major Kara Corcoran and Air Force Master Sgt. Logan Ireland, both focusing their time on stage on sharing how they gave their country their lives, yet the president couldn’t accept their gender identity.
Others who spoke/performed included the queer cheerleading group Cheer DC, local trans DJ and organizer Samson, and Chastity Bowick, Executive Director of Marsha P. Johnson Institute also spoke.
Hack closed with a message centered on their belief in collective action to create a better world for everyone and the resilience of the community.
“We’ve been fighting in the halls of power, and I’m proud of how far we’ve come. This week is about educating, advocating, and rallying. There isn’t one strategy to take back our country. It takes all of us … This is not just about trans people — this is about whether the government gets to decide who is acceptable. When one group is targeted, it never stops there. That’s what history shows us. That’s why this moment matters.”
“We’re being scapegoated and forced out of public life. There are efforts to legislate us out of existence. Our freedoms are intertwined — we can’t leave anyone out. They think we’re small, but they’re wrong.”
“The days of respectability politics are over,” Hack said, with rainbow kites lying overhead, signaling a welcome and powerful reflection of the day’s movement — one that echoed the sentiments of those gathered. “Our movement has never needed permission to exist — and we’re not asking for it now. There is something inevitable about a people who refuse to disappear. It is inevitable that we win.”
Maryland’s legislative caucuses outlined their legislative priorities heading into the final weeks of the 2026 General Assembly during a joint press conference on March 24.
The press conference was titled “We are Maryland,” where a representative for each of the legislative caucuses outlined priorities.
State Del. Kris Fair (D-Frederick County) of the LGBTQ+ Caucus opened the press conference with a statement on the unity of Maryland’s caucus.
“Together we can show our state and our community a different world, one where we mutually support one another and through that support uplift every Marylander,” he said.
In a press conference on March 5, the LGBTQ+ Caucus outlined its top legislative priorities. Fair highlighted two of those bills again during the “We are Maryland” press conference.
The first of the two highlighted pieces of legislation was Senate Bill 626 and House Bill 1589.
The bills would simplify the process of updating an individual’s birth certificate and align the Department of Health and DMV systems to reflect those changes. The bill is being led by state Sen. Clarence Lam (D-Anne Arundel and Howard Counties) and state Del. Ashanti Martinez (D-Prince George’s County).
The second piece of legislation is Senate Bill 950 and House Bill 1209, which would update and modernize laws and regulations around so-called conversion therapy. The bills have failed to pass either chamber thus far. They are being led by state Sen. Cheryl Kagan (D-Montgomery County) and state Del. Bonnie Cullison (D-Montgomery County).
(The U.S. Supreme Court on Tuesday ruled against a Colorado law that bans so-called conversion therapy for minors. Maryland is among the U.S. jurisdictions that prohibit the widely discredited practice for anyone under 18.)
Martinez and Lam have introduced bills in their respective chambers that would expand PrEP access in Maryland. Martinez did not attend the press conference, and Fair did not mention it when he spoke.
State Del. N. Scott Phillips (D-Baltimore County) represented the Black Caucus during the press conference. State Del. Dana Jones (D-Anne Arundel County) spoke on behalf of the Women’s Caucus, State Del. Teresa Woorman (D-Montgomery County) represented the Latino Caucus, and State Del. Lily Qi (D-Montgomery County) represented the Asian-American and Pacific Islander Caucus. State Del. Jared Solomon (D-Montgomery County) represented the Jewish Caucus, and state Del. Sean Stinnett (D-Baltimore County) represented the Muslim Caucus during the press conference.
Solomon ended the press conference by explaining the importance of all the caucuses coming out together.
“We are stronger when we’re together, and many of these issues that we have talked about, again, impact all of us,” said Solomon.
District of Columbia
Blade contributor, husband exchange vows in D.C.
Yariel Valdés and Kevin Vega held ceremony at Jefferson Memorial on March 23
Washington Blade contributor Yariel Valdés and his husband, Kevin Vega, exchanged vows at the Jefferson Memorial on March 23.
The couple married in Fort Lauderdale, Fla., on Nov. 24, 2025. The Jefferson Memorial ceremony — which Blade International News Editor Michael K. Lavers and Samy Nemir Olivares officiated — coincided with the third anniversary of Yariel and Kevin’s first date.
Yariel in 2019 asked for asylum in the U.S. because of the persecution he suffered as a journalist in his native Cuba. He spent nearly a year in U.S. Immigration and Customs Enforcement custody before his release on March 4, 2020.
Yariel wrote a series of articles about his time in ICE custody that the Blade published. The series was nominated for a GLAAD Media Award in 2022.
Yariel and Kevin live in South Florida.
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