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
Activists praise Mayor Bowser’s impact on city, LGBTQ community
‘She made sure LGBTQ residents knew they were seen, valued, loved’
Members of D.C.’s LGBTQ community offered their thoughts on the impact Mayor Muriel Bowser has had on them, the city, and LGBTQ people in statements and interviews with the Washington Blade in the week following Bowser’s announcement that she will not run for re-election in 2026.
Bowser’s Nov. 25 announcement came during the third year of her third four-year term in office as mayor and after she served as a member of the D.C. Council representing Ward 4 from 2007 to Jan. 2, 2015, when she took office as mayor.
The LGBTQ activists and mayoral staffers who spoke to the Blade agreed that Bowser has been an outspoken and dedicated supporter on a wide range of LGBTQ-related issues starting from her time as a Council member and throughout her years as mayor.
Among them is one of the mayor’s numerous openly LGBTQ staff members, Jim Slattery, who has served in the Cabinet-level position as the Mayor’s Correspondence Officer since Bowser first became mayor.
“As Mayor Muriel Bowser’s longest serving LGBTQIA+ staffer – dating back to her first term as the Ward 4 Council member – and a proud member of her Cabinet since day one of her administration, I have had the opportunity to witness her at work for the people she serves and leads,” Slattery said in a statement. “Noteworthy is that throughout the entirety of my 27 years in District government, I have always been able to do so as an out and proud gay man,” he stated.
Slattery added that he has witnessed first-hand Bowser’s “absolute belief” in supporting the LGBTQ community.
“She has led on HIV/AIDS prevention and treatment, on shelter for vulnerable members of our community, housing for older members of the community, and has been a reliable and constant presence at events to LGBTQIA+ residents,” Slattery said. Among those events, he said, have been World AIDS Day, the D.C. Pride Parade, the 17th Street LGBTQ High Heel Race, and WorldPride 2025, which D.C. hosted with strong support from the mayor’s office.
Ryan Bos, CEO & president of Capital Pride Alliance, the D.C. group that organizes the city’s annual LGBTQ Pride events and served as lead organizer of WorldPride 2025, praised Bowser for being a longtime supporter of that organization.
“She played a very supportive role in helping us as an organization grow and to be able to bring WorldPride to Washington, D.C.,” Bos told the Blade. “And we commend her years of service, And our hope is that she helps us to continue to advocate for the support from the D.C. government of the LGBTQ+ community, especially during these times,” Bos said.
Bos, who was referring to the Trump administration’s hostility toward LGBTQ issues and sharp cutbacks in federal funds for nonprofit organizations, including LGBTQ organizations, said Capital Pride Alliance appreciated Bowser’s efforts to provide city funding for events like WorldPride.
“She provided support through the event process of WorldPride and ultimately along with the D.C. Council provided necessary funding to ensure WorldPride was a success,” Bos said. “And we are proud that we are able to show that Capital Pride and WorldPride had such a large economic impact for D.C. and the D.C. government,” he added.
Marvin Bowser, Mayor Bowser’s gay brother who operates a local photography business and has been active in the D.C. LGBTQ community for many years, said he has also witnessed first-hand his sister’s support for the LGBTQ community and all D.C. residents since the time she became a Council member and even before that.
Among his vivid memories, he said, was his sister’s strong support for the marriage equality law legalizing same-sex marriage in D.C. that the Council approved in 2009 under then-Mayor Adrian Fenty.
“I remember the first time she was standing up and giving clear and unequivocal support to the community when that law passed,” Marvin Bowser told the Blade. “And she was front and center in speaking very strongly in support of marriage equality,” he said.
Marvin Bowser also credits his sister with expanding and strengthening the then-Mayor’s Office of GLBT Affairs, among other things, by appointing advocate Sheila Alexander Reid as the office’s director in 2015.
Reid, who for many years prior to becoming director of the GLBT Affairs office was founder and publisher of the national lesbian publication Women In The Life, had the reputation of a “rock star,” according to Marvin Bowser.
He recalls that Mayor Bowser also played a lead role in D.C.’s bid to host to the quadrennial international LGBTQ sports competition Gay Games for 2022.
D.C lost its bid for the 2022 Gay Games after the Federation of Gay Games selected Hong Kong to host the event in an action that Marvin Bowser says was unfair and based on the effort to hold the Gay Games for the first time in Asia even though D.C. had a stronger bid for carrying out the event.
“Everything she’s done for the community has been very visible and from the heart,” he said of Muriel Bowser. “And in my personal relationship with her, she has also been nothing but absolutely supportive of me and my partner over the years,” he said.
“And we were just at her house helping her put up Christmas decorations,” he added. “And so, it’s been wonderful having her as a sister.”
Veteran D.C. LGBTQ advocate Japer Bowles, who serves as the current director of the Mayor’s Office of LGBTQ Affairs, discussed the mayor’s record on LGBTQ issues in his own statement to the Blade.
“Mayor Muriel Bowser has been an unwavering champion for D.C.’s lesbian, gay, bisexual, transgender, queer, intersex, and asexual community and movement,” he said. “Her more than 20 years of leadership brought consistent and historic investments for our LGBTQIA+ youth, seniors, veterans, and residents experiencing homelessness as well as impactful violence-prevention initiatives,” he added.
“Under her leadership, the Mayor’s Office of LGBTQ Affairs grew into a national leader, delivering more than $10 million in community grants for LGBTQIA+ programs and managing 110 Housing Choice vouchers,” Bowles said in his statement.
“Because of her work, we are stronger, safer, more visible, and, proudly, ‘the gayest city in the world,’” he said in quoting Bowser’s often stated comment at LGBTQ events about D.C. being the world’s gayest city.
In a statement that might surprise some in the LGBTQ community, gay D.C. small business owner Salah Czapary, who served from 2022 to 2024 as director of the Mayor’s Office of Nightlife and Culture as a Bowser appointee, criticized some of the city’s non-LGBTQ related polices under the Bowser administration as being harmful to small businesses.
Bowser appointed Czapary, a former D.C. police officer, to the nightlife office position shortly after he lost his race as an openly gay candidate for the Ward 1 D.C. Council seat held by incumbent Brianne Nadeau.
“Mayor Bowser led D.C. through turbulent years and major growth, and we can all be proud of her leadership on many fronts,” Czapary said in a statement to the Blade. “She is also setting an example that more leaders should follow by stepping aside to allow a new generation to lead,” he said. “But as we turn the page, we must be honest about what the next mayor should deliver,” he says in his statement.
Without mentioning Bowser by name, he went on to list at least four things the next mayor should do that implied that Bowser did not do or did wrong. Among them were treating the D.C. Council as a “true governing partner,” not letting residents and small businesses “feel the weight of outdated, slow, and unresponsive systems,” and the need for leadership that “values competence over loyalty.”
He added that a “reversal” by the city of the city’s streetery program that was put in place during the COVID pandemic to allow restaurants to install outdoor seating into street parking lanes, was a “roll it back” on progress for small businesses.
He concluded by stating, “LGBTQ rights and inclusion are among the many fronts on which we can be very proud of the mayor’s leadership.”
The mayor’s office did not immediately respond to an offer by the Blade to give the office an opportunity to respond to Czapary’s statement.
A significantly different perspective was given by Sheila Alexander Reid, who said she was proud to serve as director of the Mayor’s LGBTQ Affairs Office during the first six-and-a-half years of Bowser’s tenure as mayor.
“I watched her evolve from a newly elected mayor finding her footing into a confident, seasoned leader who met every challenge head-on and time after time slayed the competition,” Alexander Reid said in a statement to the Blade.
“With each year in office, her voice grew stronger, more grounded, and more fearless,” her statement continues. “And she needed that strength, because being a Black woman mayor is not for the faint of heart, But Mayor Bowser never backed down. Instead, she showed the city what courageous, compassionate leadership truly looks like.”
Alexander Reid added that Bowser funded a new LGBTQ Community Center facility, expanded a workforce development program for the transgender community, and “made D.C. the first jurisdiction in the nation to require LGBTQ+ cultural competency training for healthcare providers.”
She also pointed to the mayor’s LGBTQ “safety nets” through low-barrier shelters and housing vouchers and her support for LGBTQ celebrations like the 17th Street High Heel Race.
“But what inspired me most was this,” Alexander Reid stated. “At a time when some elected officials across the country were retreating from LGBTQ support, Mayor Bowser was doing the opposite. She leaned in, she doubled down. She made sure LGBTQ residents knew they were seen, valued, protected, and loved by their city.”
District of Columbia
HIV/AIDS activists block intersection near White House
World AIDS Day provided backdrop for calls to fully fund PEPFAR
Upwards of 100 HIV/AIDS activists on Monday blocked an intersection near the White House and demanded the Trump-Vance administration fully fund PEPFAR.
Housing Works, Health GAP, Treatment Action Group, AIDS United, ACT UP Philadelphia, and the National Minority AIDS Council organized the protest that took place at the intersection of 16th and I Streets, N.W. The activists then marched to Lafayette Park.
(Washington Blade video by Michael K. Lavers)
(Washington Blade video by Michael K. Lavers)
Activists since the Trump-Vance administration took office in January have demanded full PEPFAR funding.
Secretary of State Marco Rubio Jan. 28 issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during the freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Washington Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, has severely impacted their work.
The State Department in September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. The first doses of the breakthrough HIV prevention drug arrived in Eswatini and Zambia last month.
The New York Times in August reported Office of Management and Budget Director Russell Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)
Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration in July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought on Aug. 29 said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.
“Russell Vought, director of the Office of Management and Budget, has defied the appropriations authority of Congress, slashing the budget for the program despite full funding enacted by lawmakers, stealing $1.6 billion despite the direction of Congress that PEPFAR be fully funded,” notes a press release that detailed Monday’s protest. “As a result, lifesaving treatment and prevention programs have closed across dozens of sub-Saharan African countries, while Vought has refused to release money ringfenced by Congress to save lives.”
Monday’s protest coincided with World AIDS Day.
The White House has not publicly acknowledged World AIDS Day. A State Department directive the New York Times obtained last week mandated employees and grantees “to refrain from messaging on any commemorative days, including World AIDS Day.”
“Trump thinks by banning commemoration of World AIDS Day, he can hide from the death and destruction that he’s causing around the world,” said Health GAP Executive Director Asia Russell in Lafayette Square. “But we’re here to say, we can see him. We see him stealing medicine, stealing support services, stealing HIV testing, stealing life-saving care from communities all around the world suffering and dying without access.”
The Clinton Health Access Initiative in a report it published last month said more people with HIV or are at risk of contracting the virus because of “HIV treatment and prevention cascades” during the first half of 2025. Specific figures include:
• 3.4 million fewer adults tested for HIV
• 24,000 fewer infants tested for HIV
• A 22 percent decline in new HIV diagnoses due to a reduction in testing among the most vulnerable, highest-risk people
• An 8 percent decline in people living with HIV receiving CD4 tests to diagnose advanced HIV disease
• 2,000 fewer infants and children with HIV started on life-saving medication
• A 37 percent reduction in PrEP initiations for people at risk for HIV
• 26,000 fewer infants and children on antiretroviral medications
• A 5 percent reduction in adults starting antiretroviral medications
• A 10 percent increase in people living with HIV disengaging from treatment
The Clinton Health Access Initiative also said more children around the world will die “due to undiagnosed and un- or under-treated HIV infection” if “these trends persist.”
The Human Rights Campaign Foundation in its 2025 Annual LGBTQ+ Community Survey notes more than 20 percent of adults said “policies the federal government have made accessing HIV prevention and treatment care more difficult in the last year.” The report indicates 30 percent of respondents identify as LGBTQ.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to RODRIGO HENG-LEHTINEN on his new role as Trevor Project Senior Vice President of Public Engagement Campaigns. On accepting the position, he said, “My mission has long been to stop LGBTQ, and especially trans, people from being perceived as political footballs and start getting us seen as real people – your friends, your families, your neighbors. Now I get to focus on that 100% at The Trevor Project.”
Prior to this, he was executive director, Advocates for Trans Equality (A4TE), where he co-led the merger of two national transgender rights organizations, NCTE and TDLEF, to create the new organization. He had served as executive director of the National Center for Transgender Equality, leading that organization through a period of growth, restoring organizational size and stability. He had served as deputy executive director prior to that. Previously he served as vice president of Public Education, Freedom for All Americans, where he led a successful campaign for transgender nondiscrimination protections in New Hampshire. He oversaw a full range of legislative lobbying, field organizing, and communications strategies and oganized a leadership coalition, established structure, and divided roles for key committees of 17 state and national partner organizations and local activists.
Heng-Lehtinen conducted English-language interviews with outlets such as The New York Times, CNN, MSNBC, and Politico. He planned a Transgender Leadership Summit for the Transgender Law Center and served as Development & Donor Services Assistant, Liberty Hill Foundation. He earned his bachelor’s degree in Latin American Studies from Brown University.
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