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Judge rules against Choi in ‘vindictive’ prosecution claim

Gay activist on trial for arrest over White House protest

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A federal judge ruled on Oct. 11 that gay former Army Lt. Dan Choi cannot argue in his ongoing trial that he was targeted for “selective” or “vindictive” prosecution following his arrest last year for chaining himself to the White House fence in a protest against “Don’t Ask, Don’t Tell.”

In a 17-page decision, Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia overturned an earlier ruling by Magistrate Judge John Facciola that allowed Choi’s lawyers to pursue allegations of selective or vindictive prosecution in the trial, which began Aug. 29.

Lamberth’s decision, among other things, granted a petition by prosecutors for a Writ of Mandamus, a formal and unusual request challenging a ruling of a trial judge by appealing to a higher court or to another judge with greater authority.

Under Lamberth’s decision, Facciola is prohibited from “considering selective or vindictive prosecution as a defense to the merits of the prosecution,” prohibited from “allowing evidence as to either claim” and barred from entertaining any motion filed by Choi to dismiss the case based on selective or vindictive prosecution.

Facciola is presiding over a non-jury trial in which Choi is being prosecuted for a misdemeanor charge of disobeying a lawful police order to disperse from the White House fence. Although the prohibition against Choi’s use of a defense based on selective or vindictive prosecution is a blow to the defense, one of his attorneys, Norman Kent, said Sunday that the defense will move forward on other grounds and that Choi’s defense team remains confident that Choi will be found not guilty.

Choi was the only one of a group of protesters arrested during the November 2010 protest that did not agree to plead guilty to the charge in exchange for having the case dismissed if they weren’t arrested again at the White House within a four-month period.

Through his attorneys, Choi has argued that he had a constitutional right to handcuff himself to the White House fence. The attorneys also have contested the government’s case on a technicality, saying police ordered Choi to disperse from the sidewalk. They note that Choi was standing on an elevated ledge on which the White House fence is attached, not the sidewalk itself and thus Choi was not legally bound to obey the police order.

Lamberth said in his decision that prosecutors were correct in arguing that under longstanding court rules of evidence, a case alleging selective or vindictive prosecution must be initiated in a pre-trial motion, not during the trial itself.

Choi’s attorneys — Kent of Fort Lauderdale, Fla., and Robert Feldman of New York — have argued that they lacked sufficient evidence of selective or vindictive prosecution prior to the start of the trial. The two said persuasive evidence of a selective-vindictive prosecution only emerged during their cross-examination of government witnesses during the trial itself.

Following strong opposition by the prosecutor in the case, Facciola ruled on Aug. 31 that preliminary evidence existed to show a selective or vindictive prosecution could have occurred against Choi. Facciola ruled that Choi’s lawyers could go forward with using selective-vindictive enforcement as a defense.

Feldman and Kent argued that Choi’s decision to handcuff himself to the White House fence in November 2010 was identical to two prior White House protests in which he and others handcuffed themselves to the fence. They noted that while prosecutors charged Choi in the earlier protests under a local municipal statute that carried no jail time, in the November 2010 protests, they charged Choi under a more stringent federal statute that includes a possible sentence of six months in jail.

Feldman and Kent alleged that prosecutors chose the more stringent statute in the November case because Choi’s protests were embarrassing the Obama administration over the gays in the military issue. They said the harsher prosecution was in retaliation for Choi’s political message that the White House wasn’t moving fast enough to repeal “Don’t Ask, Don’t Tell.”

Assistant U.S. Attorney Angela George, the lead prosecutor in the case, disputed that assertion, saying the government prosecuted Choi for refusing to obey a lawful order by police to move away from the White House fence. She said Choi’s political message was irrelevant to the government’s case and had no role in the decision to prosecute him.

In court briefs, George said prosecutors charged Choi under a more stringent law in the November case because it was the third time in less than a year that he had been arrested for the same illegal conduct and the government has legal discretion to select different statutes or regulations under which to make an arrest in such a case.

Facciola put the trial on hold on Aug. 31 after George said the government would take the unusual step of challenging his ruling through a Petition for a Writ of Mandamus. Under U.S. District Court rules, the court’s chief judge rules on such a petition.

Kent told the Blade on Oct. 16 that following consultation with Choi he and Feldman are strongly considering appealing Lamberth’s decision to the U.S. Court of Appeals for D.C. He said Choi’s legal team would make a final decision on whether to file an appeal by Oct. 20, a deadline set by Judge Facciola for the two sides to inform the court whether an appeal will be made or whether the trial will resume.

Choi enjoyed widespread support from LGBT activists when he worked with the LGBT direct action group GetEqual last year in a series of non-violent civil disobedience protests at the White House and other locations to pressure Congress and the Obama administration to push harder for repeal of “Don’t Ask, Don’t Tell.”

But since Obama signed legislation approved by Congress repealing “Don’t Ask, Don’t Tell” and since the repeal took effect on Sept. 20, some activists have questioned the rationale for Choi’s decision to demand a trial in the current case. Some have asked why Choi is contesting the type of civil disobedience arrest that most other protesters acknowledge involves breaking a law and choose to resolve by paying a small fine or agreeing to a plea offer like the one prosecutors made to Choi.

Gay rights attorney and television commentator Mark Levine called non-violent civil disobedience arrests an important and historic tradition in the U.S. civil rights movement made famous by Martin Luther King Jr. in his efforts to end racial discrimination. Levine said the benefit of drawing public attention to an injustice comes from the arrest itself, “not a long drawn out trial that has the potential for wasting court resources that would be better used for something else.”

Choi has said he chose to take his case to trial because he believes his action handcuffing himself to the White House fence is protected by his First Amendment right to free speech and should not be considered an illegal act.

 

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Maryland

Expanded PrEP access among FreeState Justice’s 2026 legislative priorities

Maryland General Assembly opened on Jan. 14

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Maryland State House (Washington Blade photo by Michael Key)

FreeState Justice this week spoke with the Washington Blade about their priorities during this year’s legislative session in Annapolis that began on Jan. 14.

Ronnie L. Taylor, the group’s community director, on Wednesday said the organization continues to fight against discrimination against people with HIV/AIDS. FreeState Justice is specifically championing a bill in the General Assembly that would expand access to PrEP in Maryland.

Taylor said FreeState Justice is working with state Del. Ashanti Martinez (D-Prince George’s County) and state Sen. Clarence Lam (D-Arundel and Howard Counties) on a bill that would expand the “scope of practice for pharmacists in Maryland to distribute PrEP.” The measure does not have a title or a number, but FreeState Justice expects it will have both in the coming weeks.

FreeState Justice has long been involved in the fight to end the criminalization of HIV in the state. 

Governor Wes Moore last year signed House Bill 39, which decriminalized HIV in Maryland.

The bill — the Carlton R. Smith Jr. HIV Modernization Act — is named after Carlton Smith, a long-time LGBTQ activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in 2024. FreeState Justice said Marylanders prosecuted under Maryland Health-General Code § 18-601.1 have already seen their convictions expunged.

Taylor said FreeState Justice will continue to “oppose anti anti-LGBTQ legislation” in the General Assembly. Their website later this week will publish a bill tracker.

The General Assembly’s legislative session is expected to end on April 13.

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Virginia

From the Pentagon to politics, Bree Fram fighting for LGBTQ rights

Transgender veteran running for Congress in Va.

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(Photo courtesy of Bree Fram)

After being ousted from military service, Col. Bree Fram — once the highest-ranking openly transgender officer in the Pentagon — is now running for Congress.

Fram, who lives in Reston, Va., brings more than two decades of public service to her campaign. From the battlefield to the halls of the Pentagon, she spent more than 20 years working inside the federal government, often advocating for LGBTQ people and other marginalized communities from within the system.

Fram spoke with the Washington Blade about her decision to run amid sustained attacks against her — and against the LGBTQ community more broadly — from the Trump-Vance administration and far-right officials.

She said her commitment to public service began more than 22 years ago, shaped in large part by watching the Sept. 11, 2001, terrorist attacks.

“I had grown up expecting that there was this beautiful American peace stretching into the world for the foreseeable future, and that kind of image was shattered,” Fram told the Blade. “I realized that there was a continuous price to be paid to protect our democracy, to protect our freedoms. To be able to play a small part in defending those freedoms was incredibly important to me — to be part of something larger than myself.”

(Photo courtesy of Bree Fram)

Commissioned through the U.S. Air Force Officer Training School in 2003, Fram served as an astronautical engineer and rose to the rank of colonel in the U.S. Air Force before later serving in the U.S. Space Force. She remained on active duty until 2025, when she was forced out following the Trump-Vance administration’s reinstated ban on trans military service.

Fram has been married for 20 years to her spouse, Peg Fram, and they have two children.

Beyond her military service, Fram has long been involved in advocacy and leadership. She has been a member of SPARTA, a trans military advocacy organization, since 2014, served on its board of directors beginning in 2018, and was president of the organization from 2021-2023.

Most recently, Fram served as chief of the Requirements Integration Division at Headquarters, Space Force, and as co-lead of the Joint Space Requirements Integration Cell in collaboration with the Joint Staff. Previously, she was chief of the Acquisition Policies and Processes Division for the assistant secretary of the Air Force for space acquisition and integration.

Earlier in her career, Fram served as a materiel leader at the Air Force Research Laboratory, overseeing the development of counter-small unmanned aerial systems and offensive cyberspace technologies in support of Pentagon and intelligence community priorities, managing an annual budget exceeding $100 million.

Her previous assignments also included oversight of Air Force security cooperation in four strategically significant Middle Eastern countries and 258 foreign military sales cases valued at $15.79 billion; serving as executive officer to the Air Force director of strategic plans, where she helped integrate the 30-year, $3.6 trillion Air Force Plan; a legislative fellowship on Capitol Hill with then-U.S. Del. Madeleine Bordallo (D-Guam), handling military, veterans, and foreign affairs issues; and a program management role at the National Reconnaissance Office, where she led a $700 million multi-agency engineering and IT contract overseeing more than 500 personnel and supporting $40 billion in assets.

Fram also directed 24/7 worldwide operations and maintenance of mission data processing for space-based and airborne national intelligence assets and co-led the Department of the Air Force’s LGBTQ+ Initiatives Team and Barrier Analysis Working Group from 2023-2025.

She holds a master’s degree from the Air Force Institute of Technology and is a distinguished graduate of the Naval War College. Fram deployed in support of Operation Iraqi Freedom, where she worked on airborne counter-improvised explosive device technologies.

In January, Fram, alongside four other trans military officers, was given a special retirement ceremony by the Human Rights Campaign — a direct result of President Donald Trump’s 2025 Executive Order 14183, titled “Prioritizing Military Excellence and Readiness.” The policy directed the Pentagon to adopt measures prohibiting trans, nonbinary, and gender-nonconforming people from serving in the military.

Under Virginia’s current congressional maps, Fram would challenge Congressman James Walkinshaw in a Democratic primary in the 11th Congressional District, which includes the city of Fairfax and most of Fairfax County. However, the district’s boundaries could change pending ongoing redistricting discussions in the state.

Fram emphasized that her decades working within the executive branch shaped her understanding of what it means to take — and uphold — an oath to the Constitution, even when those in power later forced her out of service solely because of her identity, not her performance.

“Through 23 years of service, I learned what it meant to fulfill that oath to the Constitution, and I wanted to continue serving,” she said. “But when this administration came in and labeled me and others like me ‘dishonorable’ and ‘disciplined liars who lack the humility required for military service,’ it hit hard. When the Supreme Court then agreed to let the administration fire all of us, I had to figure out what would allow me to continue my service in a way that was meaningful and lived up to that oath.”

After being told she would have to retire from a career she describes as her life’s calling, Fram said she began searching for another way to serve — a path that ultimately led her to run for Congress.

“I had done the work over the past couple of decades to understand the America that I believe in, that America I believe we all can be,” Fram said. “That’s where this decision came from. I believe I can fight back and fight forward for Virginians — with the knowledge I have and with a vision of the America we can be.”

That vision, she said, is one that has yet to be fully realized — despite decades of promises from Democratic leaders across all branches of government.

“This is about protecting our fundamental rights — freedom of speech, freedom to assemble, bodily autonomy, a woman’s right to choose, and the ability for queer people to live our best lives,” Fram said. “Right now, our government is throwing barriers up in front of many people. They’re strengthening them, building walls higher, and actively damaging lives.”

(Photo courtesy of Bree Fram)

Fram said her leadership philosophy was shaped by watching strong, effective leaders during her time in the Air Force and Space Force — leaders who reinforced her belief that true leadership means expanding opportunity, not restricting it.

“Leadership is about tearing barriers down — not climbing over them and forcing others to suffer through the same things,” she said. “It’s about making sure the people coming up behind us have even more opportunity to go further, faster. How do we be better tomorrow than we are today? How do we fulfill our founding promise of life, liberty, and the pursuit of happiness?”

One way Fram said Congress could help dismantle those barriers is by passing the Equal Rights Amendment, enshrining constitutional protections for all people — particularly LGBTQ Americans.

“Getting the Equal Rights Amendment into the Constitution is absolutely critical to the future of queer rights,” she said. “Voting rights must also be clearly protected.”

Protecting democracy itself is also among her top priorities, Fram said.

“We need to take control of the House so we can put real checks on this administration,” she said. “That allows the American people to see how this administration is actively making their lives worse and less affordable — and it’s how we ultimately throw them out and get back to making life better.”

Fram said her experience working under four presidents — including during Trump’s first term — reinforced her belief that opposition to efforts curtailing civil liberties is essential.

“The primary thing we can do to protect democracy is to get rid of this administration,” she said. “Taking control of the House gives us true investigative power. Under every rock, there is likely an impeachable offense because they are failing to faithfully execute the laws of the United States.”

For her, the message Trump is sending is clear — he and others close-minded to the LGBTQ community are threatened by the possibility of what someone truly dedicated to service can become.

“One of the reasons this administration had to throw us out and silence us was because we were an example of what was possible. We shined so brightly by meeting or exceeding every standard that they couldn’t hide us away by any other means except kicking us out.”

Fram acknowledged that her identity has been a political target since 2016, but said those attacks have never been grounded in her ability to lead or accomplish complex missions over more than two decades of service.

“If others want to attack me on my identity, I welcome it,” she said. “I’m focused on whether people can afford groceries or feel safe in their communities.”

“I’m happy to be a lightning rod for those kinds of attacks,” she added. “If it allows Democrats to advance an agenda that makes life better for Americans, they can come after me all day long. They attacked me while I was in the military, before I was ever running for office.”

On policy, Fram said affordability, health care, and safety are at the center of her agenda.

“No one should be afraid to go to the doctor or fear surprise medical bills that put them into debt,” she said. “Every American deserves access to affordable, high-quality health care.”

She also emphasized a willingness to work across party lines — even with those who previously politicized her identity — if it means delivering results for constituents.

“If someone wants to work together to make people’s lives better, I’ll work with them,” she said. “If they want to come after me based on who I am, they can waste their energy on that.”

Asked how she defines hope in the current political moment, Fram rejected the idea of passive optimism.

“Hope isn’t naive optimism,” she said. “Hope is doing the work — engaging people and bending the moral arc of the universe toward justice.”

She added that representation itself can be transformative.

“Just being in Congress changes the narrative,” Fram said. “It lets a kid say, ‘Oh my God — I could do that too.’”

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District of Columbia

Eleanor Holmes Norton ends 2026 reelection campaign

Longtime LGBTQ rights supporter introduced, backed LGBTQ-supportive legislation

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Congresswoman Eleanor Holmes Norton (D-D.C.) in 2023. (Washington Blade photo by Michael Key)

The reelection campaign for D.C. Congressional Delegate Eleanor Holmes Norton, who has been an outspoken supporter of LGBTQ rights since first taking office in 1991, filed a termination report on Jan. 25 with the Federal Elections Commission, indicating she will not run for a 19th term in the U.S. House of Representatives.

Norton’s decision not to run again, which was first reported by the online news publication NOTUS, comes at a time when many of her longtime supporters questioned her ability to continue in office at the age of 88.

NOTUS cited local political observers who pointed out that Norton has in the past year or two curtailed public appearances and, according to critics, has not taken sufficient action to oppose efforts by the Trump-Vance administration and Republican members of Congress to curtail D.C.’s limited home rule government.  

Those same critics, however, have praised Norton for her 35-year tenure as the city’s non-voting delegate in the House and as a champion for a wide range of issues of interest to D.C. LGBTQ rights advocates have also praised her longstanding support for LGBTQ rights issues both locally and nationally.

D.C. gay Democratic Party activist Cartwright Moore, who has worked on Norton’s congressional staff from the time she first took office in 1991 until his retirement in 2021, points out that Norton’s role as a staunch LGBTQ ally dates back to the 1970s when she served as head of the New York City Commission on Human Rights.  

“The congresswoman is a great person,” Moore told the Washington Blade in recounting his 30 years working on her staff, most recently as senior case worker dealing with local constituent issues.

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity.  

She has introduced multiple LGBTQ supportive bills, including her most recent bill introduced in June 2025, the District of Columbia Local Juror Non-Discrimination Act, which would ban D.C. residents from being disqualified from jury service in D.C. Superior Court based on their sexual orientation or gender identity.

For many years, Norton has marched in the city’s annual Pride parade.

gay events dc, gay news, Washington Blade
Congresswoman Eleanor Holmes Norton (D-D.C.) participates in the city’s 2019 Capital Pride Parade. (Washington Blade photo by Drew Brown)

Her decision not to run for another term in office also comes at a time when, for the first time in many years, several prominent candidates emerged to run against her in the June 2026 D.C. Democratic primary. Among them are D.C. Council members Robert White (D-At-Large) and Brooke Pinto (D-Ward 2).

Others who have announced their candidacy for Norton’s seat include Jacque Patterson, president of the D.C. State Board of Education; Kinney Zalesne, a local Democratic party activist; and Trent Holbrook, who until recently served as Norton’s senior legislative counsel.

“For more than three decades, Congresswoman Norton has been Washington, D.C.’s steadfast warrior on Capitol Hill, a relentless advocate for our city’s right to self-determination, full democracy, and statehood,” said Oye Owolewa, the city’s elected U.S. shadow representative in a statement. “At every pivotal moment, she has stood firm on behalf of D.C. residents, never wavering in her pursuit of justice, equity, and meaningful representation for a city too often denied its rightful voice,” he said.

A spokesperson for Norton’s soon-to-close re-election campaign couldn’t immediately be reached for a comment by Norton on her decision not to seek another term in office. 

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