Local
Choi sees trial as ‘badge of honor’
Gay Army officers face judge next week after White House arrests
U.S. Army Lt. Dan Choi, who was arrested after handcuffing himself to the White House fence in protest of ‘Don’t Ask, Don’t Tell,’ will go to trial July 14. (Washington Blade file photo by Michael Key)
A gay Army officer facing trial next week after chaining himself to the White House fence in protest of “Don’t Ask, Don’t Tell” said his court appearance offers a fresh opportunity to call attention to the military’s gay ban.
On July 14, the D.C. Superior Court will try Lt. Dan Choi and Capt. Jim Pietrangelo II, two gay Army officers who were arrested March 18 and April 20 after they handcuffed themselves to the White House gates.
Choi and Pietrangelo face a non-jury trial for the misdemeanor charge of two counts of failure to obey a lawful order stemming from their protest actions. If convicted, they could face a $1,000 fine, but jail time is unlikely.
In an interview with the Blade, Choi said he hopes the trial will draw attention to “Don’t Ask, Don’t Tell” and the fact that openly LGBT service members continue to face discharge under the law.
“With regard to ‘Don’t Ask, Don’t Tell’ and the military, obviously, we’ve made it very clear that people are still going to get discharged — and that’s the bottom line for anybody who is involved in the fight,” Choi said.
Congress took action on “Don’t Ask, Don’t Tell” on May 27 when the House and the Senate Armed Services Committee independently attached language to each chamber’s version of major defense budget legislation that would repeal the law.
But Choi said many “who are not in the know” erroneously believe the ban on open service ended as a result of the May votes, and that his trial can help educate people about the situation and “continue to build pressure.”
Besides highlighting the military’s gay ban, Choi said he hopes his trial will call attention to what he called a kind of “Don’t Ask, Don’t Tell” within the LGBT community that prevents people from taking action.
“To me, they’re one and the same,” he said. “The ‘Don’t Ask, Don’t Tell’ in the military enforces shame and hiding and an inability to even discuss certain topics or bring up certain methods of how we’re going to be full and equal dignified people — and the ‘Don’t Ask, Don’t Tell’ in our movement is enforced by people upon themselves, upon ourselves.”
Choi said his activities and words may come across as “self-aggrandizement or arrogance,” but he believes he’s working toward a greater good, calling his actions “a matter of service” and “a matter of speaking out for other people.”
He said he isn’t concerned about the criminal penalties he faces if found guilty and that his lawyers informed him he most likely wouldn’t face any jail time.
“To be able to stand up and get punished and to continue to sacrifice in a visible way is a badge of honor on behalf of those people who have not yet been able to do the bare minimum of their steps toward gaining dignity — and that is coming out,” he said.
If activists get their way, the upcoming trial could feature a star witness, although it’s highly unlikely he would appear in court. Lawyers with GetEqual, an activist group responsible for organizing protests keyed to certain LGBT issues, served President Obama a subpoena last week at the White House.
They contend that Choi and Pietrangelo were following orders from their commander-in-chief, who has repeatedly said LGBT people should keep the pressure on him to follow through with his campaign promises for LGBT rights.
One such example of Obama asking LGBT people to keep the pressure on him came last year during a keynote speech at the Human Rights Campaign national dinner.
“And that’s why it’s so important that you continue to speak out, that you continue to set an example, that you continue to pressure leaders — including me — and to make the case all across America,” Obama said at the time.
A White House spokesperson declined to comment on Obama’s receipt of the subpoena or whether the president would appear at the trial.
Choi said protests outside the White House were “truly in keeping with what the president [said] needed to happen.”
“Obviously, it wasn’t a direct order,” Choi said. “But it was an indirect order. I was in uniform at the HRC dinner. I was serving on active duty many times when he said those things.”
Choi said service members like he and Pietrangelo have an “instinct to make sure you do everything you can” when the president or a military commander “even hints that this is the direction that needs to happen.”
While acknowledging Obama’s appearance during the trial would be highly unlikely, Choi said Obama has already been subpoenaed under the “penalty of morality” to live up to the promises he’s made — particularly regarding the LGBT community.
“He has to be able to stand up and be accountable to all of the things that he did — or didn’t — do as a commander particularly,” Choi said.
Robin McGehee, co-founder of GetEqual, the organization that helped organize Choi and Pietrangelo’s protest at the White House, said GetEqual plans to stand “shoulder-to-shoulder” with Choi and Pietrangelo during their trial next week.
“We take our obligation of protecting the activists that work with us very seriously,” she said. “We have been in constant communication with their defense team and offered our support, but ultimately they are in control of the case’s legal strategy and we certainly respect and support their expertise.”
McGehee said the trial will not only draw attention to “Don’t Ask, Don’t Tell,” but “serve as a beacon of hope for many in our community that we can be in charge of our own equality.”
“We don’t have to sit idly by and let someone else decide for us,” she said. “Dan and Jim have exemplified what it means to stand up and find your own voice.”
Choi noted he hasn’t received help from national LGBT groups regarding his actions.
“I’ve been in contact, of course, with GetEqual and the leaders of the grassroots groups, but the national groups — that are lobby groups now — I have not [heard from] and [have had] no offers of help or support,” Choi said.
Alex Nicholson, executive director of Servicemembers United, said his organization isn’t involved with the case. He noted, however, that Choi’s trial would help bring attention to “Don’t Ask, Don’t Tell.”
“This case helps continue the pressure on the White House by spotlighting the fact that many are still looking to the president for active, not passive, leadership on this issue,” Nicholson said.
Among the national legal groups that Choi cited as offering no support is the American Civil Liberties Union. Choi said he received a response from the National Center for Lesbian Rights, but that it “was on a personal platform and not representing the group.”
“I am certainly waiting for those very smart people and adept people in those national groups to come around and show their support. I would love to see them at the trial,” Choi said.
The ACLU didn’t immediately respond to the Blade’s request for comment on the matter.
Choi’s trial will occur close to the one-year anniversary of when discharge proceedings against him for violating “Don’t Ask, Don’t Tell” began. On June 30, 2009, a panel of New York National Guard officers recommended Choi be expelled from the U.S. military for publicly saying he’s gay.
Although his discharge proceedings have started, Choi said he remains in service and last week returned from drill duty. He noted that his fellow service members have supported his efforts and talk about topics ranging from same-sex marriage to transgender people to gay sex.
“[One] soldier asked me am I a top or a bottom,” Choi said. “And you know? That is when you know you made it as far as unit cohesion goes because people can joke [about] these things. I said, ‘Well, I don’t believe in those titles. In fact, I believe in full equality.’”
District of Columbia
‘Sandwich guy’ not guilty in assault case
Sean Charles Dunn faced misdemeanor charge
A jury with the U.S. District Court for the District of Columbia on Thursday, Nov. 6, found D.C. resident Sean Charles Dunn not guilty of assault for tossing a hero sandwich into the chest of a U.S. Customs and Border Protection agent at the intersection of 14th and U streets, N.W. at around 11 p.m. on Aug. 10.
Dunn’s attorneys hailed the verdict as a gesture of support for Dunn’s contention that his action, which was captured on video that went viral on social media, was an exercise of his First Amendment right to protest the federal border agent’s participating in President Donald Trump’s deployment of federal troops on D.C. streets.
Friends of Dunn have said that shortly before the sandwich tossing incident took place Dunn had been at the nearby gay nightclub Bunker, which was hosting a Latin dance party called Tropicoqueta. Sabrina Shroff, one of three attorneys representing Dunn at the trial, said during the trial after Dunn left the nightclub he went to the submarine sandwich shop on 14th Street at the corner of U Street, where he saw the border patrol agent and other law enforcement officers standing in front of the shop.
Shroff and others who know Dunn have said he was fearful that the border agent outside the sub shop and immigrant agents might raid the Bunker Latin night event. Bunker’s entrance is on U Street just around the corner from the sub shop where the federal agents were standing.
“I am so happy that justice prevails in spite of everything happening,“ Dunn told reporters outside the courthouse after the verdict while joined by his attorneys. “And that night I believed that I was protecting the rights of immigrants,” he said.
“And let us not forget that the great seal of the United States says, E Pluribus Unum,” he continued. “That means from many, one. Every life matters no matter where you came from, no matter how you got here, no matter how you identify, you have the right to live a life that is free.”
The verdict followed a two-day trial with testimony by just two witnesses, U.S. Customs and Border Protection agent Gregory Lairmore, who identified Dunn as the person who threw the sandwich at his chest, and Metro Transit Police Detective Daina Henry, who told the jury she witnessed Dunn toss the sandwich at Lairmore while shouting obscenities.
Shroff told the jury Dunn was exercising his First Amendment right to protest and that the tossing of the sandwich at Lairmore, who was wearing a bulletproof vest, did not constitute an assault under the federal assault law to which Dunn was charged, among other things, because the federal agent was not injured.
Prosecutors with the Office of the U.S. Attorney for D.C. initially attempted to obtain a grand jury indictment of Dunn on a felony assault charge. But the grand jury refused to hand down an indictment on that charge, court records show. Prosecutors then filed a criminal complaint against Dunn on the misdemeanor charge of assaulting, resisting, or impeding certain officers of the United States.
“Dunn stood within inches of Victim 1,” the criminal complaint states, “pointing his finger in Victim 1’s face, and yelled, Fuck you! You fucking fascists! Why are you here? I don’t want you in my city!”
The complaint continues by stating, “An Instagram video recorded by an observer captured the incident. The video depicts Dunn screaming at V-1 within inches of his face for several seconds before winding his arm back and forcefully throwing a sub-style sandwich at V-1.
Prosecutors repeatedly played the video of the incident for the jurors on video screens in the courtroom.
Dunn, who chose not to testify at his trial, and his attorneys have not disputed the obvious evidence that Dunn threw the sandwich that hit Lairmore in the chest. Lead defense attorney Shroff and co-defense attorneys Julia Gatto and Nicholas Silverman argued that Dunn’s action did not constitute an assault under the legal definition of common law assault in the federal assault statute.
Assistant U.S. Attorney Michael DiLorenzo, the lead prosecutor in the case, strongly disputed that claim, citing various provisions in the law and appeals court rulings that he claimed upheld his and the government’s contention that an “assault” can take place even if a victim is not injured as well as if there was no physical contact between the victim and an alleged assailant, only a threat of physical contact and injury.
The dispute over the intricacies of the assault law and whether Dunn’s action reached the level of an assault under the law dominated the two-day trial, with U.S. District Court Judge Carl J. Nichols, who presided over the trial, weighing in with his own interpretation of the assault statute. Among other things, he said it would be up to the jury to decide whether or not Dunn committed an assault.
Court observers have said in cases like this, a jury could have issued a so-called “nullification” verdict in which they acquit a defendant even though they believe he or she committed the offense in question because they believe the charge is unjust. The other possibility, observers say, is the jury believed the defense was right in claiming a law was not violated.
DiLorenzo and his two co-prosecutors in the case declined to comment in response to requests by reporters following the verdict.
“We really want to thank the jury for having sent back an affirmation that his sentiment is not just tolerated but it is legal, it is welcome,” defense attorney Shroff said in referring to Dunn’s actions. “And we thank them very much for that verdict,” she said.
Dunn thanked his attorneys for providing what he called excellent representation “and for offering all of their services pro bono,” meaning free of charge.
Dunn, an Air Force veteran who later worked as an international affairs specialist at the U.S. Department of Justice, was fired from that job by DOJ officials after his arrest for the sandwich tossing incident.
“I would like to thank family and friends and strangers for all of their support, whether it was emotional, or spiritual, or artistic, or financial,” he told the gathering outside the courthouse. “To the people that opened their hearts and homes to me, I am eternally grateful.”
“As always, we accept a jury’s verdict; that is the system within which we function,” CNN quoted U.S. Attorney for D.C. Jeanine Pirro as saying after the verdict in the Dunn case. “However, law enforcement should never be subjected to assault, no matter how ‘minor,’” Pirro told CNN in a statement.
“Even children know when they are angry, they are not allowed to throw objects at one another,” CNN quoted her as saying.
Maryland
Democrats hold leads in almost every race of Annapolis municipal election
Jared Littmann ahead in mayor’s race.
By CODY BOTELER | The Democratic candidates in the Annapolis election held early leads in the races for mayor and nearly every city council seat, according to unofficial results released on election night.
Jared Littmann, a former alderman and the owner of K&B Ace Hardware, did not go so far as to declare victory in his race to be the next mayor of Annapolis, but said he’s optimistic that the mail-in ballots to be counted later this week will support his lead.
Littmannn said November and December will “fly by” as he plans to meet with the city department heads and chiefs to “pepper them with questions.”
The rest of this article can be read on the Baltimore Banner’s website.
Democrats on Tuesday increased their majority in the Virginia House of Delegates.
The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.
All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.
Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)
Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.
Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.
Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.
Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.
The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.
Shreya Jyotishi contributed to this article.
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