Local
Choi court brief compares Obama to Nixon
Compares the President’s role in prosecution to Watergate scandal
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.
District of Columbia
Bowser appoints first nonbinary person to Cabinet-level position
Peter Stephan named Office of Disability Rights interim director
D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.
The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.
“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.
The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.
The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.
Stephan couldn’t immediately be reached for comment.
“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.
“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel.
District of Columbia
Capital Stonewall Democrats set to celebrate 50th anniversary
Mayor Bowser expected to attend March 20 event
D.C. Mayor Muriel Bowser, members of the D.C. Council, and local and national Democratic Party officials are expected to join more than 150 LGBTQ advocates and supporters on March 20 for the 50th anniversary celebration of the city’s Capital Stonewall Democrats.
A statement released by the organization says the event is scheduled to be held at the Pepco Edison Place Gallery building at 702 8th St., N.W. in D.C.
“The evening will honor the people who built Capital Stonewall Democrats across five decades – activists who fought for rights when the odds were against them, public servants who opened doors and refused to let them close, and a new generation of leaders ready to carry the work forward,” the statement says.
Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to the Capital Stonewall Democrats.
Among those planning to attend the anniversary event is longtime D.C. gay Democratic activist Paul Kuntzler, 84, who is one of the two co-founders of the then-Gertrude Stein Democratic Club. Kuntzler told the Washington Blade that he and co-founder Richard Maulsby were joined by about a dozen others in the living room of his Southwest D.C. home at the group’s founding meeting in January 1976.
He said that among the reasons for forming a local LGBTQ Democratic group at the time was to arrange for a then “gay” presence at the 1976 Democratic National Convention, at which Jimmy Carter won the Democratic nomination for U.S. president and later won election as president.
Maulsby, who served as the Stein Club president for its first three years and who now lives in Sarasota, Fla., said he would not be attending the March 20 anniversary event, but he fully supports the organization’s continuing work as an LGBTQ organization associated with the Democratic Party.
Steven McCarty, Capital Stonewall Democrats’ current president, said in the statement that the anniversary celebration will highlight the organization’s work since the time of its founding.
“Capital Stonewall Democrats has been fighting for LGBTQ+ political power in this city for 50 years, electing people, training organizers, holding this community together through some really hard moments,” he said. “And right now, with everything going on, that work has never mattered more. This gala is the first moment of our next chapter, and I want the community to be a part of it.”
The statement says among the special guests attending the event will be Democratic National Committee Vice Chair Malcolm Kenyatta, who became the first openly gay LGBTQ person of color to win election to the Pennsylvania General Assembly in 2018.
Other guests of honor, according to the statement, include Mayor Bowser; D.C. Council member Zachary Parker (D-Ward 5, the Council’s only gay member; D.C. Council member Anita Bonds (D-At-Large); Earl Fowlkes, founder of the International Federation of Black Prides; Vita Rangel, a transgender woman who serves as Deputy Director of the D.C. Mayor’s Office of Talent and Appointments; Heidi Ellis, director of the D.C. LGBTQ Budget Coalition; Rayceen Pendarvis, longtime D.C. LGBTQ civic activist; and Phillip Pannell, longtime D.C. LGBTQ Democratic activist and Ward 8 civic activist.
Information about ticket availability for the Capital Stonewall Democrats anniversary gala can be accessed here: capitalstonewalldemocrats.com/50th
Maryland
Md. Legislative LGBTQ+ Caucus outlines 2026 priorities
Expanded PrEP access among objectives
Maryland’s Legislative LGBTQ+ Caucus outlined legislative priorities for the remainder of the General Assembly’s 2026 term during a press conference on March 5.
State Del. Kris Fair (D-Fredrick County) led the press conference. State Del. Ashanti Martinez (D-Prince George’s County) and other caucus members also spoke.
Caucus members are sponsoring 12 bills and supporting four others.
Martinez is sponsoring House Bill 1114, which would expand PrEP access in Maryland.
“PrEP is 99 percent effective in preventing HIV transmission,” he explained, noting PrEP’s cost often turns away potential users.
The bill aims to extend insurance coverage and expand pharmacists’ ability to prescribe PrEP along with other HIV treatments and testing. Martinez is working with state Sen. Clarence Lam (D-Anne Arundel and Howard Counties) and FreeState Justice on the bill.
The House Health Committee had a hearing last week that included HB1114.
“Ending the HIV epidemic is about expanding access and providing these life-saving tools to all persons in Maryland,” Martinez said.
Several other pieces of legislation were highlighted during the press conferences. They included measures focused on youth and education, birth certificate markers, so-called conversion therapy, and hormone medications.
State Sen. Cheryl Kagan (D-Montgomery County) is cosponsoring Senate Bill 950, which would update and strengthen conversion therapy laws. State Del. Bonnie Cullison (D-Montgomery County) has introduced an identical bill that would extend the statute of limitations on individuals who facilitate conversion therapy.
Kagan explained the bill would allow conversion therapy victims to come to terms with their experience undergoing the widely discredited practice that “creates shame and it silences survivors.”
When questioned, Fair explained the press conference happened late into the legislative session because “we [the caucus] are constantly having to respond in real time to what’s happening in Washington” while drafting and considering pieces of legislation.
The Frederick County Democrat described this session’s bills as the “most ambitious list of priorities to date.” Fair also described the caucus’s goals.
“It’s decency, it’s dignity, and its humanity,” he said.
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