Local
Judge rules against Choi in ‘vindictive’ prosecution claim
Gay activist on trial for arrest over White House protest

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.
Virginia
Walkinshaw wins Democratic primary in Va. 11th Congressional District
Special election winner will succeed Gerry Connolly

On Saturday, Fairfax County Supervisor James Walkinshaw won the Democratic primary for the special election that will determine who will represent Virginia’s 11th Congressional District.
The special election is being held following the death of the late Congressman Gerry Connolly, who represented the district from 2008 until 2024, when he announced his retirement, and subsequently passed away from cancer in May.
Walkinshaw is not unknown to Virginia’s 11th District — he has served on the Fairfax County Board of Supervisors since 2020 and had served as Connolly’s chief of staff from 2009 to 2019. Before he passed away, Connolly had endorsed Walkinshaw to take his place, claiming that choosing Walkinshaw to be his chief of staff was “one of the best decisions I ever made.”
The Democratic nominee has run his campaign on mitigating Trump’s “dangerous” agenda of dismantling the federal bureaucracy, which in the district is a major issue as many of the district’s residents are federal employees and contractors.
“I’m honored and humbled to have earned the Democratic nomination for the district I’ve spent my career serving,” Walkinshaw said on X. “This victory was powered by neighbors, volunteers, and supporters who believe in protecting our democracy, defending our freedoms, and delivering for working families.”
In addition to protecting federal workers, Walkinshaw has a long list of progressive priorities — some of which include creating affordable housing, reducing gun violence, expanding immigrant protections, and “advancing equality for all” by adding sexual orientation and gender identity to the Fair Housing Act.
Various democratic PACs contributed more than $2 million to Walkinshaw’s ad campaigns, much of which touted his connection to Connolly.
Walkinshaw will face Republican Stewart Whitson in the special election in September, where he is the likely favorite to win.
Maryland
LGBTQ suicide prevention hotline option is going away. Here’s where else to go in Md.
Changes will take effect July 17

By ANNA RUBENSTEIN | The national suicide prevention hotline will no longer offer specialized support to LGBTQ people, starting July 17, the Trump administration announced last week.
Dialing the hotline at 988 will still be available for crisis support. But callers will no longer be able to reach specific LGBTQ services by pressing Option 3. The change worries advocates because their data shows the LGBTQ community has a disproportionally high suicide rate.
Even after the option ends, here’s how to receive tailored support if you’re in Maryland.
The rest of this article can be found on the Baltimore Banner’s website.
Maryland
Silver Spring holds annual Pride In The Plaza
‘Today means inclusion. It means to build resilience’

Silver Spring’s annual Pride in the Plaza event took place on Sunday to celebrate the LGBTQ community and emphasize inclusion and resilience.
“Today means inclusion. It means to build resilience, love,” Robyn Woods, program and outreach director for Live In Your Truth, which organized the event, said. “I mean, just being surrounded by the community and so many great entrepreneurs, business owners, and just being a part of this whole rainbow coalition that we call the LGBTQIA to be about.”
With the event being her first time organizing for Live In Your Truth, Woods said she felt emotional to see the support and love at the event.
“Some people (are) bringing out their children, their babies, their grandparents,” Woods said. “It’s a lot more allies here than anything else. That type of support to me means so much more than just support from my community; just outside support, inside support, so much support around it, so much love. Everyone’s smiling outside, helping each other.”
Attendees of the event were able to head over to the Family Fun Zone, an air-conditioned Pride Cool Down Lounge, or watch live drag performances in the main stage area.
Along with entertainment and a shaved-ice stand, rows of information tables stood along the plaza, including FreeState Justice, the Washington Spirit, Trans Maryland, Moco Pride Center, and the Heartwood Program, an organization that offers support, therapy, education, and resources to the LGBTQ community.
“I want people to know about our services, and I love what we have to offer,” Jessica Simon, psychotherapist for Heartwood Program’s Gender Wellness Clinic, said. “I (also) want to be part of a celebration with the community, and so it feels good to be here with other people who have something they want to give to the community.”
She added that within today’s political climate, to which she called an “antidote to shame,” it’s important to be celebrating Pride.
“There’s a lot of demonization of LGBTQI people,” Siena Iacuvazzi, facilitator for Maryland Trans Unity, said. “(Pride) is part of the healing process.”
Iacuvazzi said she was taught to be ashamed of who she was growing up, but being a part of a community helped her flourish in the future.
“I was taught how to hate myself. I was taught that I was an abomination to God,” she said. “But being a community is like understanding that there are people who have experienced the same thing, and they’re flourishing. They’re flourishing because they’re willing to stand up for themselves as human beings and discover themselves and understand what’s true for themselves.”
She added that Pride allows for a mutual understanding to take place.
“It’s more of a sense of belonging … and just taking that home and understanding you’re not alone,” Iacuvazzi said. “We’re each taking our own journey — we’re not putting that on each other. It’s just walking away with a sense of belonging and humanity.”
Similar to Iacuvazzi, Woods said she hopes attendees’ biggest takeaways would be family, fun, resilience, and pride.
“Being proud of yourself, being happy for who you are, and representation and how much it matters,” she continued. “And I think all these young people that are walking around here get to see versions of themselves, but older. They get to see so many different lesbian, gay, bisexual, pansexual people that are successful, that are showing love, that care, and it’s not how we’re portrayed in the media. It’s lovely to see it out here. (It’s) like we’re one big old, happy family.”
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