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Choi court brief compares Obama to Nixon

Compares the President’s role in prosecution to Watergate scandal

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A 59-page legal brief filed in defense of gay former Army Lt. Dan Choi cites the Nixon Watergate scandal and suggests that President Obama played a role in a decision to “illegally” prosecute Choi under a harsher than usual federal law following his arrest last November for chaining himself to the White House fence.

The brief filed Sept. 20 by Choi’s attorney, Robert Feldman, calls on U.S. District Court Chief Judge Royce Lamberth to deny a Petition for Writ of Mandamus by prosecutors. The petition asks the court to prohibit Choi from arguing in his ongoing trial that the government waged a “selective/vindictive” prosecution against him. The trial was suspended for at least 10 days while Lamberth deliberates over the Writ of Mandamus petition.

Choi and 12 other protesters were arrested Nov. 15, 2010 for refusing to obey a “legal order” by U.S. Park Police to disperse from the White House fence during a protest against the “Don’t Ask, Don’t Tell” law. The others agreed to plead guilty in exchange for the government’s promise to dismiss the case against them if they didn’t get arrested for a period of four months.

“Even more damaging, evidence was exposed during Lt. Choi’s criminal trial indicating that the paper trail of this government persecution of Lt. Choi led – like the Watergate tapes snaked their way back to President Nixon – directly to President Obama himself, who was/is not only personally opposed to gay equality, but was, as the self-described legacy of Dr. Martin Luther King Jr., deeply humiliated by being criticized by Lt. Choi and others for enforcing discriminatory laws (like “Don’t Ask, Don’t Tell”) against gay Americans,” Feldman states in his brief.

Feldman has argued that a chain of e-mails between former gay White House aide Brian Bond; the U.S. Park Police, who arrested Choi at the protest; and the Secret Service indicates that the White House may have been involved in orchestrating the prosecution. But no evidence has surfaced to show Obama was aware of the e-mails, and prosecutors say the charging decision was a legitimate, legal action made by Park Police.

A spokesperson said the White House doesn’t comment on pending court cases.

Assistant U.S. Attorney Angela George, the lead prosecutor in the case, has called on Lamberth to overrule an opinion by Magistrate Judge John Facciola, who is presiding over Choi’s trial. George argues in the Petition for Writ of Mandamus that Facciola improperly issued a preliminary finding that Choi presented sufficient evidence indicating a “selective” or “vindictive” prosecution may have occurred.

“It is well within the broad discretion afforded the prosecutor to bring any charge for which probable cause exists against a person who has three times in nine months engaged in the same illegal conduct,” George states in her court petition.

She was referring to Choi’s two prior arrests in 2010 for handcuffing himself to the White House fence during separate protests against “Don’t Ask, Don’t Tell.”

Feldman has argued that Choi was exercising his First Amendment right to peaceably protest against the government in all three cases and that the arrests were illegal because they violated his constitutional rights.

Lamberth was expected to rule on whether or not Choi can continue to use a “selective” or “vindictive” prosecution defense within the next week or two.

In a related development, two of the other activists arrested with Choi last November who accepted the plea agreement in May filed petitions in court last week asking a judge to allow them to withdraw their guilty pleas and to take their case to trial. An attorney representing arrestees Miriam Ben-Shalom and Ian Finkenbinder said evidence of a selective or vindictive prosecution that surfaced in Choi’s trial prompted them to determine that they should not have agreed to the guilty plea. Magistrate Judge Alan Kay, who presides over their case, is expected to decide on the matter after prosecutors file a response to their request to withdraw the guilty pleas.

 

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Delaware

Milton Pride Fest to take place Saturday

This year’s theme is ‘Small Town, Big Heart’

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(Washington Blade photo by Michael Key)

Milton, Del., will host its Pride Fest this Saturday with the theme “Small Town, Big Heart.” The town’s population of just over 3,000 is in its sixth year hosting Pride. 

The event is hosted by Sussex Pride and Milton Theatre and will take place from 4-8 p.m. in the area surrounding the theater. Admission is pay-what-you-can and proceeds will support the Milton Theatre’s education wing campaign, an initiative dedicated to expanding arts education and creating spaces for the next generation of performers and artists. 

The musical act schedule includes Goldstar at 4 p.m., Magnolia Applebottom and Friends at 5:30 p.m., and Mama’s Blacksheep at 6:45 p.m. There will be vendors, food trucks, and a Kids Fest with an inflatable obstacle course. 

“In our little corner of the world, LOVE leads the way! Milton Pride 2025 is a celebration for EVERYONE — neighbors, families, allies, and friends — because acceptance, kindness, and community belong to us all,” Milton Theatre’s website reads. “Whether you’re here to cheer, learn, or simply feel the joy … you’re welcome exactly as you are. Let’s come together and celebrate Milton, a SMALL TOWN … with a BIG HEART!”

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District of Columbia

Drive with Pride in D.C.

A new Pride-themed license plate is now available in the District, with proceeds directly benefiting local LGBTQ organizations.

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A sample of the license plate with the "Progressive" Pride flag. (Screenshot from the DCDMV website)

Just in time for Pride month, the D.C. Department of Motor Vehicles has partnered with the Mayor’s Office of LGBTQ Affairs to create a special “Pride Lives Here” license plate.

The plate, which was initially unveiled in February, has a one-time $25 application fee and a $20 annual display fee. Both fees will go directly to the Office of Lesbian, Gay, Bisexual, Transgender and Questioning Affairs Fund.

The MOLGBTQA Fund provides $1,000,000 annually to 25,000 residents through its grant program, funding a slew of LGBTQ organizations in the DMV area — including Capital Pride Alliance, Whitman-Walker, the D.C. Center for the LGBTQ Community, and the Washington Blade Foundation.

The license plate features an inclusive rainbow flag wrapping around the license numbers, with silver stars in the background — a tribute to both D.C.’s robust queer community and the resilience the LGBTQ community has shown.

The “Pride Lives Here” plate is one of only 13 specialty plates offered in the District, and the only one whose fees go directly to the LGBTQ community.

To apply for a Pride plate, visit the DC DMV’s website at https://dmv.dc.gov/

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Delaware

Delawareans march in D.C. WorldPride parade

CAMP Rehoboth contingent among marchers

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(Washington Blade photo by Michael Key)

The nation’s capital welcomed WorldPride this past weekend, a massive celebration that usually takes place in a different city every two years. 

The Saturday parade attracted hundreds of thousands of people from around the world and the country. The state of Delaware, a few hours drive from D.C., saw participants in the parade, with CAMP Rehoboth, an LGBTQ community center in Rehoboth Beach, hosting a bus day trip. 

Hope Vella sits on the board of directors and marched with CAMP Rehoboth. Vella said that although the parade took a long time to start and the temperature was hot, she was “on a cloud” from being there. 

“It didn’t matter to me how long it took to start. With the current changes that are in place regarding diversity and inclusion, I wanted my face there,” Vella said. “My life is an intersection. I am a Black woman. I am a lesbian, and I have a disability. All of these things are trying to be erased … I didn’t care how long it took. I didn’t care how far it was going to be. I was going to finish that parade. I didn’t care how hot it was.”

The nearly two mile parade route didn’t feel as long because everyone was so happy interacting with the crowd, Vella said. The group gave out beads, buttons, and pins to parade watchers. 

“The World Pride celebration gave me hope because so many people came out. And the joy and the love that was between us … That gave me hope,” Vella said. 

Vella said that people with disabilities are often overlooked. More than one in four Americans have disabilities, according to the U.S. Centers for Disease Control and Prevention

Vella said it was important for her “to be out there and to be seen in my wholeness as a Black woman, as a lesbian, as a woman with a disability and to not be hiding. I want our society to understand that we exist in LGBTQ+ spaces also.”

Retired Maj. Gen. Tammy Smith is involved with CAMP Rehoboth and marched with a coalition of LGBTQ military members. Smith said they were walking to give transgender military members visibility and to remind people why they are serving. 

“When we are not visible, what is allowed to take our place is stereotypes,” Smith said. “And so without visibility, people think all veterans are conservative and perhaps not open to full equality. Without visibility, they might think a small state with a farming background may be a place that’s unwelcoming, but when you actually meet the people who are from those places, it sets aside those stereotypes and the real authenticity is allowed to come forward.”

During the parade, Smith said she saw trans military members in the parade make eye contact or fist bump with transgender people in the crowd. 

“They were seen. Both sides were seen during that parade and I just felt privileged to be able to witness that,” Smith said. 

Smith said Delaware is a state that is about freedom and equality and is the first state for a reason. The LGBTQ community is engrained as part of life in the Rehoboth and Lewes areas. 

“What pride means to me is that we must always be doing what is necessary to maintain our dignity as a community,” Smith said. “We can’t let what people with negative messaging might be tossing our way impact us and the celebration of Pride. I don’t see it as being self-promoting. I see it as an act of dignity and strength.”

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