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
Physician: addiction doesn’t always look the way you think it does
Yngvild Olsen headed HHS’s Center for Substance Abuse Treatment during Biden-Harris administration
Many people think the telltale signs of drug addiction include sweating and vomiting. But a prominent addiction medicine physician says the best signals aren’t always so visible.
Dr. Yngvild Olsen says more accurate signs come from the brain, specifically the compulsion to keep using drugs, including opioids, despite damage to education, career and relationships.
While it may be harder to understand the true nature of drug addiction, it’s never been more important because of the increased fatality risk of even microscopic amounts of fentanyl, which can be found in many illegal drugs.
Olsen, who headed the Center for Substance Abuse Treatment at the Department of Health and Human Services in the Biden-Harris administration, has worked in addiction treatment for more than two decades. She is now a healthcare advisor with the law and professional consulting firm Manatt, Phelps & Phillips and a physician at the Institute for Behavior Resources/Reach Health Services in Baltimore.
Olsen met with Youthcast Media Group to discuss her career, the opioid epidemic and what to know about fentanyl. The physician, a graduate of Harvard Medical School and the John Hopkins Bloomberg School of Public Health, cited her field experiences as key in shaping her perspective on addiction treatment and recovery. This interview is edited for clarity and length.
What made you believe this work in addiction treatment is important?
I had a couple of experiences really early on in my career that very significantly shaped my interest in addiction and addiction medicine, and my belief that I had a role, and that I could really help people get better from that disease. So the first was during the summer between my first and second year in medical school. I spent the summer on the Eagle Butte and Pine Ridge reservations in South Dakota and really saw firsthand just the devastating impact that substance use — in that case, alcohol — had on not only individuals, but their families and whole communities, and just how profound that impact had been for people who had lost their lives, who had lost family members, who had physically, emotionally and spiritually negative impacts of just feeling very hopeless and and trying to find solace in their substance use, particularly their alcohol use, and doing that without really finding it. I think that was really the lesson that experience taught me.
What did you learn about treatment practices during your medical education? How was that helpful to your career?
When I was a resident in general primary care at Boston Medical Center, I was really fortunate to have a group of mentors who also were general internists, like I was training to be, who were very interested and focused on medical education and research in substance use. And so they modeled for me many of the interactions that we had with patients. I got to do a research study with one of them looking at smoking cessation among people with opiate use disorder, taking methadone. And really importantly, I got to spend a month with one of them at the Boston City Public Health Department’s Opioid Treatment Program, or what some people call a methadone clinic, because he was their medical director. I got to see people recover, and who had recovered, who had gotten their lives back together, gotten their families back together, had new families (or) businesses. It was unbelievably helpful to see that people could recover, that they did recover, and that I, as a physician, could be part of their treatment. I saw people get better, and recover, with medications like methadone and buprenorphine, and other services designed individually for them. That was really helpful and kind of a big eye-opening moment for me.
What factors contribute to addiction and why is it considered a complex disease?
People come into treatment for their addiction — or when they’re not in treatment, but are in an emergency department or on the street — with a lot of shame. They have a lot of shame about this disease that they have, that for so long, they were told, ‘Well, you know, you should just stop. Why can’t you just stop?’ Well, we know that addiction is a disease. It’s a complex disease that has lots of different factors related to it. So there’s a big genetic component that combines with environmental factors and other risk factors. For example, people have what’s called adverse childhood experiences. Some of these are if they grow up with lots of physical or sexual abuse or emotional abuse or have parents who are in jail. That’s really traumatic and so all those childhood experiences that increase stress are a big risk factor.
What is the easiest opioid to get addicted to?
It used to be heroin. That was a big problem, particularly in the Northeast and other parts of the country. That shifted to prescription opioids, beginning around the year 2000. So for about 10 years, it was really prescription opioids that were a big problem — people misusing them. And then it switched back to heroin. And then in about 2015, fentanyl came on the scene, and that really changed the game, given just how unbelievably potent fentanyl is, so it doesn’t take a lot to cause an overdose. Now there are all those other synthetic opioids, like the orphines and nitazenes and all those combinations of other substances, but fentanyl is really what’s still kind of driving a really big part of the overdose crisis.
Do LGBTQ individuals face heightened challenges when battling addictions? How do addiction specialists like you account for those challenges?
We certainly know that the prevalence of overdose and the challenges of substances is higher in the LGBTQ+ community. Where I see patients, we did a big LGBTQ+ training and had a grant to specifically provide services to that population. Where we were located, in Baltimore City, there is a big transgender community not that far from us. Particularly in the LGBTQ+ population, they have multiple stigmas. So it just compounds multiple stressors. And stress is a risk factor for substance use, and particularly a risk factor for recurrence of a substance use disorder. And so when you have all these negative factors building up in people, that can make it that much more challenging for people to find the services that they find meaningful and that are welcoming and supportive of them. So we tried very hard — and we still do — to make sure that we are a welcoming and safe space, because I think it is that safety that is really paramount.
What advice would you give someone worried about a friend or family member’s substance use?
There are two things. One is: I would talk to that person about your concerns and how that person’s personality changes or their behavior changes when they’re using or in withdrawal, and how that might be impacting their health and how they’re feeling. And then second: you can let them know that there are actual treatments that are really helpful, that can make them feel better and that can help them get back to who they were before they started using. It’s important not to be accusatory because … [people] have a lot of shame already, and so when somebody starts accusing them, that shame just gets worse. And a lot of times, people who have a substance use disorder or are using opioids won’t necessarily agree that they have a problem when you first start to talk to them. But talk to them again every time something happens and say, ‘I’m really worried about you because this now has happened and I see it as being tied to your substance use.’ And let them know that there are people who can help and that they could actually feel a lot better.
This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded in part through a FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser. Adrian Malone is a senior at Bard High School Early College DC, one of Youthcast Media Group’s journalism class partners. Shreya Jyotishi, YMG assistant manager of content and programming, is a former Washington Blade intern and 2026 graduate of American University.
District of Columbia
Bet Mishpachah participates in D.C. Oct. 7 commemoration ceremony
Wednesday marked three years since Hamas attacked Israel
Bet Mishpachah Executive Director Joshua Maxey on Wednesday was among those who spoke at a ceremony in D.C. that marked the third anniversary of the Oct. 7 attack in Israel.
The Jewish Federation of Greater Washington hosted the ceremony that took place at the Washington Hebrew Congregation in Northwest D.C. Bet Mishpachah is the city’s LGBTQ synagogue.
“It was a deeply moving evening, especially hearing the stories of people who knew those who were murdered and those who survived and experiencing music that gave a voice to grief and hope,” Maxey told the Washington Blade.
Hamas militants on Oct. 7, 2023, killed roughly 1,200 people, including upwards of 360 partygoers at the Nova Music Festival near Re’im, a kibbutz that is a couple miles from the Gaza Strip, when it launched its surprise attack on Israel. The militants also kidnapped more than 200 people.
The Hamas-controlled Gaza Health Ministry says Israeli forces have killed more than 74,000 people in the enclave since Oct. 7.
The International Criminal Court in 2024 issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu; former Israeli Defense Minister Yoav Gallant; former Hamas leader Yahya Sinwar; Mohamed Diab Ibrahim al-Masri, the head of Hamas’s military wing known as the Qassam Brigades; and Ismail Haniyeh, chair of the Hamas Political Bureau, after it accused them of committing war crimes and crimes against humanity in Gaza and Israel.
The Israeli government has strongly denied it has committed genocide in Gaza.
An Israeli airstrike on a compound in Khan Younis, a city in southern Gaza, on July 13, 2024, killed killed Deif, one of the alleged Oct. 7 masterminds. Israel less than three weeks later assassinated Haniyah in Tehran, the Iranian capital. Israel Defense Forces soldiers on Oct. 16, 2024, killed Sinwar in Rafah, a city in southern Gaza.
Hamas last October released the remaining hostages in Gaza as part of a ceasefire agreement that President Donald Trump helped broker. Israel has continued to conduct airstrikes and other military operations in Gaza since the official suspension of hostilities took effect.
“For Bet Mishpachah, it was especially meaningful to lift up the names of LGBTQ+ people, those whose identities we know and those whose stories may never be fully known, who were murdered, and to honor the LGBTQ+ survivors whose resilience continues to inspire us,” said Maxey, referring to his participation in Wednesday’s ceremony. “Emily Damari’s story is particularly poignant: while held hostage, she had to hide the fact that she was gay because she feared that revealing her identity to her captors could put her life at even more risk. Yet, she survived.”
“Her story, like so many others, reminds us of the extraordinary courage it takes simply to remain human in the face of hatred,” he added. “May we continue to remember and to mourn, to honor, and to work toward a future rooted in peace and hope.”
Virginia
Campaign urges Virginia High School League to reverse stance on trans athletes
Equality Arlington and other advocacy groups behind ‘Right 2 Play’ VA’ initiative
Virginia advocacy groups have launched a campaign that urges the Virginia High School League to once again allow student athletes to compete on sports teams that correspond with their gender identity.
Equality Arlington on Sept. 16 published an article about the “Right 2 Play VA” campaign. Amy, a group representative, spoke about the initiative with the Washington Blade.
“The primary goal is to reverse the Virginia High School League’s discriminatory ban on allowing transgender girls to play on girls’ sports and replace it with a policy that is fair for all students.” they said.
The Virginia High School League in 2025 announced the policy, which reversed a previous position in support of transgender and nonbinary athletes. The 2025 policy coincided with President Donald Trump’s executive order — “Keeping Men Out of Women’s Sports” — that threatened to “rescind all funds from educational programs that deprive women and girls of fair athletic opportunities, which results in the endangerment, humiliation, and silencing of women and girls.”
The Arlington Gender Identity Alliance, Equality Virginia, and the American Civil Liberties Union of Virginia have also joined the “Right 2 Play VA” campaign.
“We had a policy in Virginia for 12 years that allowed transgender girls to play on girls’ sports teams, and we had not one instance — not one instance — that was brought forward demonstrating an unfair advantage or any type of safety concern,” said Amy.
Amy then discussed what they described are the benefits of trans youth playing sports.
“There are physical benefits. There are mental health benefits. There are community and social development benefits, and those are all well documented,” they said. “All kids should have the right to benefit from playing youth sports. We are talking about kids. We are talking about youth. We are not talking about Olympians. We are not talking about Division One college athletes. We are talking about kids in Virginia, and because the benefits of sports are so well documented, we think that every kid should have the ability to play sports.”
-
2026 Midterm Elections5 days agoTrump uses anti-trans slur against Democratic Senate candidate
-
Obituary4 days agoU.S. int’l trade negotiator, consultant James Bedore dies at 82
-
California4 days agoCalif. GOP gubernatorial candidate ad ‘disgusting attempt to exploit lesbian intimacy’
-
Virginia4 days agoCampaign urges Virginia High School League to reverse stance on trans athletes
