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
D.C.’s Mary’s House For Older Adults names new executive director
Charlene Leach to succeed Imani Woody as leader of LGBTQ-supportive seniors home
The board of directors of Mary’s House for Older Adults, the D.C.-based home dedicated to providing affordable housing for LGBTQ seniors, has announced it has named longtime nonprofit organization leader A. Charlene Leach as its new executive director.
Leach, who is now serving in the executive director’s position, is succeeding Dr. Imani Woody, the Mary’s House founding president and CEO, who announced her retirement from her official leadership role at Mary’s House on July 7.
Woody, who holds a PhD in Human Services, is credited with playing the lead role over many years in arranging both city and private funding needed to construct and operate the Mary’s House three-story building located at 401 Anacostia Road, S.E., in the city’s Fort DuPont neighborhood.
“With over three decades of nonprofit experience and 15 years serving as an executive director, Charlene brings a wealth of knowledge in organizational leadership, program development, and community engagement,” the Mary’s House board says in a statement.
“Her proven track record of building impactful programs and leading mission-driven organizations makes her uniquely suited to guide Mary’s House into its next phase of growth,” the statement continues. “Charlene is deeply aligned with the mission of Mary’s House and is committed to advancing its work to provide safe, inclusive housing and supportive services for LGBTQ+ older adults,” it says. “Under her leadership, the organization will continue to expand its impact while remaining grounded in the values that define our community.”
Leach’s LinkedIn page shows she has most recently served since 2022 as executive director of the African American AIDS Task Force in Minneapolis. Prior to that, it shows she served as executive director of the Fredericksburg Area Health and Support Services organization in Fredericksburg, Va., and before that as director of development for the D.C.-Baltimore area Women’s Collective.
Her LinkedIn page says she has been involved with Mary’s House as a volunteer and grant writer since 2016.
The newly built and enlarged Mary’s House, which opened in March 2025, with a grand opening ceremony held in May 2025 attended by D.C. Mayor Muriel Bowser, includes 15 single-occupancy residential apartments and more than 5,000 square feet of shared communal living space.
An earlier statement released by the Mary’s House board announcing Woody’s retirement said Woody would continue to be involved with the organization as a member of the board. The earlier statement and board’s more recent statement on July 29 announcing Leach’s appointment as executive director did not say whether the board plans to name someone else as president and CEO, the title that Woody held before her retirement. But the latest statement says Leach will be running Mary’s House’s day-to-day operations as Woody did.
Virginia
Doug Ollivant to face Eugene Vindman in Va. 7th Congressional District
Republican defeated challengers in Tuesday’s primary
Republican Doug Ollivant will face off against incumbent U.S. Rep. Eugene Vindman (D-Va.) in Virginia’s 7th Congressional District.
Ollivant defeated his Republican opponents in Tuesday’s primary. Vindman ran unopposed.
Vindman in 2024 ran to succeed then-Congresswoman Abigail Spanberger in the U.S. House of Representatives after she ran for governor. Spanberger succeeded Republican Gov. Glenn Youngkin in 2025.
U.S. Sen. Mark Warner (D-Va.) on Tuesday easily won his primary. All other Democratic incumbent members of Congress from Northern Virginia also won their respective primaries.
District of Columbia
LGBTQ advocates optimistic about D.C.’s expected new mayor
Janeese Lewis George cites strong record of support as Council member
Several prominent D.C. LGBTQ community advocates said they are optimistic that Democratic mayoral nominee Janeese Lewis George, who is expected to easily win election as mayor in the city’s Nov. 3 general election, will continue her strong record of support on LGBTQ issues from her current role as a Ward 4 D.C. Council member.
But most of the seven LGBTQ advocates who responded to an informal Washington Blade survey of community leaders and activists said they would be observing Lewis George’s transition plans for her expected mayoral administration to determine if she will follow through with her campaign promises to put in place policies and funding to strongly support the LGBTQ community.
Lewis George emerged as the decisive winner in the city’s June 16 Democratic primary with 54 percent of the vote in a six-candidate race, with her lead opponent, former D.C. Council member Kenyan McDuffie (D-At-Large) receiving around 37 percent and four lesser-known candidates receiving 4 percent or less.
In a city with an overwhelmingly Democratic electorate, virtually all political observers believe Lewis George will win the November general election to become the city’s next mayor.
In the primary, she received the endorsement of the Capital Stonewall Democrats, the city’s largest local LGBTQ political organization, and received the highest possible candidate rating of +10 from GLAA DC, formerly known as the Gay and Lesbian Activists Alliance of Washington.
With Lewis George, McDuffie, and the four lesser-known candidates in the Democratic primary, including one who identified as bisexual, expressing strong support on LGBTQ issues, LGBTQ advocates acknowledged that most queer voters chose a candidate to support based on non-LGBTQ issues.
And Lewis George’s LGBTQ supporters have said they believe Lewis George received the largest share of the LGBTQ vote based on her outspoken support for social justice related issues, including policies to address the need for affordable housing, which she said impacts LGBTQ people in need, especially queer people of color and transgender residents.
“I think she understands a theory of community and economic development that is both inclusive of LGBTQ people but not exclusive about us,” said Benjamin Brooks, president of GLAA D.C. Brooks also currently serves as interim director of policy for one of the divisions of Whitman-Walker Health, D.C.’s LGBTQ supportive medical clinic and health services organization.
“I think that she represents a change in administration that will see more dollars to public programs that are more pro social,” Brooks said. “We’re going to be looking at who she appoints to the different agencies that we’re interested in and making sure that LGBTQ people are centered in that conversation,” he said.
Brooks added, “We know LGBTQ people were featured heavily in her campaign as organizers and as her staff members. So, I think we should expect to see us included, and she has put out a platform that lifts up all Washingtonians.”
Longtime D.C. gay Democratic activist John Klenert said he, too, will be watching to see if and how Lewis George follows up her campaign promises on LGBTQ issues.
“My number one concern will be with the budgets being what they are in the city, will she continue to fiscally support the Mayor’s Office of LGBTQ Affairs?” he told the Blade. “Number two, will she continue to support the HIV type places like Whitman-Walker,” he said.
Acknowledging that Lewis George has expressed support for these types of programs during the election campaign, Klenert added, “Words are cheap. Let’s see on paper her proposals.”
D.C. gay Democratic activist Peter Rosenstein is among the few LGBTQ activists who publicly raised concern over Lewis George’s status as a Democratic Socialist and member of the controversial Democratic Socialists of America (DSA) national organization.
“I congratulate Ms. George on winning the primary and hope she will do a great job as our next mayor,” Rosenstein told the Blade in a statement. “But the issues I promulgated in the primary still go unanswered,” he said, noting that he is unaware of Lewis George saying whether she disagrees with the DSA’s platform opposing the existence of the state of Israel, not talking to any pro-Israel Zionist organizations, and, among other things, defunding U.S. police departments.
Rosenstein also noted that Lewis Geroge, as far as he knows, has not publicly rebuked one of her supporters who endorsed her for mayor, Ward 8 community activist Jauhar Abraham, who has publicly referred to gay people as “sissies” and “fags” who should not be allowed to teach in the city’s public schools.
“Will she really stand up for the LGBTQ community, or does she agree with those like Jauhar Abraham,” Rosenstein said in his statement. “These are issues she owes the voters answers to.”
Ward 8 gay longtime Democratic and community activist Phillip Pannell, who just won election in the Democratic primary as the city’s Democratic National Committeeman, is among the LGBTQ activists who supports Lewis George’s candidacy for mayor. He told the Blade that Lewis George, while not saying so directly, has made it clear she does not support what he describes as Jauhar Abraham’s anti-gay slurs.
When asked if the Abraham issue as raised by Rosenstein was a concern for him, Pannell said, “No, because I know that Jauhar Abraham’s homophobic statements are in no way in alignment with Janeese Lewis George’s support for our community.”
He added, “You can’t always judge a candidate or basically indict a candidate because of the support of some individuals. There is no way Janeese supports the type of stuff Jauhar spews.”
Like some of the other LGBTQ advocates who spoke to the Blade about Lewis George’s potential impact on the LGBTQ community, Pannell said he is optimistic about her actions as mayor.
“I expect that she will at least maintain the type of support that we are getting under Mayor Bowser if not more so,” he said. “And a good indication of her level of support would be the votes that she has cast in support of our community while she has been a member of the Council,” Pannell said.
Also, like other LGBTQ supporters of Lewis George, Pannell said he is not troubled over her role as a Democratic Socialist. “There are many people who are associated with the Democratic Party who would be very much aligned with Democratic Socialist organizations,” he said. “So that doesn’t bother me at all.”
Ashley Gibbs, who serves as board co-chair of the D.C. LGBTQ+ Community Center, is among the activists who said they are uncertain about Lewis George’s expected impact on the community.
“Certainly, I expect her to win in November given the demographics of D.C.,” she said. “I have to admit I live in Maryland now, so I am less clued into D.C. politics than I used to be,” she added. “So, I think it’s a big unknown. I think we’re just going to have to wait and see what happens and how well Janeese can make things given the federal government.”
David Perruzza, owner of the D.C. LGBTQ bars Pitchers and A League of Her Own, located in the Adams Morgan neighborhood, like other LGBTQ bar owners, said he preferred not to comment on the ins and outs of the race for mayor
But similar to other nightlife related small businesses in the city, including bars and restaurants, Perruzza said he was deeply troubled over what he believed to be Lewis George’s support for ending the so-called tip wage system for bars and restaurants. He said most LGBTQ bar owners believe doing that could force them to go out of business due to excessive labor costs.
Under the tip wage system, which has been in place in D.C. and other cities and states for many years, businesses that employ servers who receive tips can pay them a significantly lower minimum wage called the tip wage compared to the regular minimum wage, which is now $18.40 per hour in D.C. At the initiative of local labor groups, D.C. voters in 2022 approved for the second time Initiative 82, which called for raising the minimum wage for tipped workers to the full minimum wage over a phase-in period of 10 years or more.
Organizations representing local restaurants and bars said most tipped workers make close to if not more than the full minimum wage in tips, and that under the current D.C. law, businesses are required to pay tipped workers the difference if they don’t make the equivalent of the full minimum wage in tips.
They argued that the initial raising of the tip wage from just over $5 per hour to several dollars more an hour created a financial hardship that was forcing many of them to go out of business. The mayor and D.C. Council responded by repealing Initiative 82 and later putting in place in 2025 a compromise law supported by the business owners that brought the tip minimum wage to $10.30 per hour as of July 1, 2026.
The new law calls for the tip minimum wage to increase to 60 percent of the full minimum wage by 2028 and increase incrementally by 5 percent until it reaches 75 percent of the full minimum wage in 2034.
D.C. Council records show that Lewis George voted against the compromise bill when the Council approved it in July of 2025 as an amendment to the city’s Fiscal Year 2026 budget.
Local nightlife advocate and small business owner Salah Czapary, who served as Mayor Bowser’s director of the D.C. Office of Nightlife and Culture from 2022 to 2024, said Lewis George told a group of nightlife business operators and owners during a meeting in May that she opposes yet another ballot measure proposed by the labor advocacy group One Fair Wage that calls for raising the city’s minimum wage for all workers to $25 per hour and for eliminating the subminimum wage for tipped workers.
“I was in the room when she explained to a room full of nightlife small business, arts, and cultural operators that she has spoken with experts in the field,” Czapary told the Blade. He said Lewis George told the gathering that she did not support the latest wage initiative that was attempting to get on the ballot, which was a concern to business owners at the time.
“And I think that’s actually quite impressive for a lawmaker to do when everyone assumes you would support a certain initiative,” he said in referring to Lewis George. “To have one view and then assess the reality that might have changed. And then say that while I agree with the idea of raising the wages — I think most people do — we also don’t live in a vacuum. We have to deal with the realities of the economy,” Czapary said.
“I think D.C., as we know, has been a safe haven for LGBTQ individuals from across the country and has been very progressive on its treatment of LGBTQ people,” he said. “I think we will not expect that to change under our new mayor,” he added. “She was endorsed by many LGBTQ individuals and organizations, and she will continue to build on that progress we’ve made as a city, and we will continue to be that safe haven for people.”
Edmund Morris, president of the D.C. Equality Chamber of Commerce, which he said represents more than 100 LGBTQ+ and allied businesses serving the D.C. Metro area, released a short statement in response to the Blade’s request for comment on the impact his group expects Lewis George to have on the LGBTQ community.
“Janeese Lewis George has emphasized inclusive policies and support for local small businesses, priorities that align with our mission,” the statement says. “We look forward to productively engaging a future administration on how best to support aspiring and active entrepreneurs to flourish in the city that they serve,” it says.
Nick Tsusaki, founder and owner of the D.C. LGBTQ bar Spark Social, said he preferred not to comment on the impact Lewis George will have on policy related to LGBTQ issues. But he said he was impressed by Lewis George’s visits to several LGBTQ bars during the primary campaign.
“I’m really excited for her” he said, “I think she made a point in her last week of campaigning to do like an LGBTQ bar crawl. She came to Spark, to Trade and Bunker,” he said referring to two other D.C. LGBTQ bars. “And really showing dedication to the community in a way that went above and beyond what I had expected –really meeting the community where we’re at.”
He added, “And so, for her to drop in on a Friday night and just talk to – get on the microphone and talk about why she’s excited to fight for our community was really cool to see in an authentic way.”
In response to requests by the Blade and Capital Stonewall Democrats seeking statements from each of the mayoral candidates during the primary campaign, Lewis George submitted these comments, which are excerpted from a longer statement.
“As mayor, I will protect our LGBTQ+ neighbors against federal attacks on their identity, including their health care. … On the Council I have been a strong supporter of pro-LGBTQ+ bills, including making D.C. a sanctuary for people seeking gender-affirming health care as well as addressing discrimination and harassment in nightlife and hospitality…And as mayor, I am prepared to move up and win those fights – a fight for D.C. statehood, a fight for our true economy, and a real opportunity to uplift our Black queer and trans youth.”
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