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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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District of Columbia

Second trans member announces plans to resign from Capital Pride board

Zion Peters cites ‘lack of interest in the Black trans community’

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Zion Peters, a member of the Capital Pride Alliance Board of Directors who identifies as transgender, told the Washington Blade he plans to resign from the board “due to the lack of interest in the trans community, specifically the Black trans community.”

Peters continued, “Nobody has checked on me in the last two months so that shows their level of unprofessionalism towards their board members and the community as a whole.”

If he resigns, Peters would be the second known trans person to resign from the Capital Pride board since February, when longtime trans activist Taylor Lianne Chandler informed the board of her resignation in a detailed letter that was sent to the Blade by an anonymous source.

Chandler, who served as chair of the Capital Pride Transgender, Gender Non-Conforming, and Intersex Committee, stated in her Feb. 24 letter that she resigned from the board out of frustration that the board had failed to address instances of “sexual misconduct” within the Capital Pride organization. The organization’s and the board’s transgender-related policies were not cited in her letter as a reason for her resignation.

The Blade learned of Peters’s plans to resign from an anonymous source who thought Peters had already resigned along with four other board members identified by the anonymous source. The others, who Capital Pride confirmed this week had resigned, include Anthony Musa, Bob Gilchrist, Kaniya Walker, and Dai Nguyen.

Musa and Gilchrist told the Blade they resigned for personal reasons related to their jobs and that they fully support Capital Pride’s work as an organization that coordinates the city’s annual LGBTQ Pride events.  

The Blade has been unable to reach Walker and Nguyen to determine their reasons for resigning.

Capital Pride CEO Ryan Bos and Board Chair Anna Jinkerson didn’t respond to a Blade question asking if they knew why Walker or Nguyen resigned.

In response to a request by the Blade for comment on the resignations and the concern raised by Zion Peters about trans-related issues, Bos and Jinkerson sent separate statements elaborating on the organization and the board’s position on various issues.

“We can confirm that the individuals you referenced, except for Zion, no longer serve on the Capital Pride Alliance Board of Directors,” Jinkerson said in her statement.

She added that following the WorldPride festival hosted by D.C. last May and June that was organized by Capital Pride Alliance, the group anticipated a “significant level of board transition,” with many board members reaching the end of their terms. But she said many board members chose to extend their service or apply for an additional term, showing a “powerful reflection of commitment.”

Without commenting on the specific reasons for the resignations of Peterson, Walker, and Nygun, Jinkerson noted, “As with all volunteer leadership roles, transitions occur for a range of personal and professional reasons, and we appreciate those transitions with both understanding and gratitude.”

In his own statement, Bos addressed Capital Pride’s record on transgender issues. 

“The Capital Pride Alliance is committed to supporting and uplifting the Trans community through our work with the Trans Coalition under the Diversity of Prides Initiative, our partnership with Earline Budd on the LGBTQ+ Burial Fund with a focus on our Trans siblings, our collaboration with the National Trans Visibility March, and our ongoing investment in programming for Transgender Day of Visibility and Transgender Day of Remembrance,” Bos said in his statement.  

 “We also recognize there is always continued work to be done, and we always welcome feedback from our community to ensure our commitment remains unwavering,” he said.

At the time of her resignation in February, Chandler said she could not provide specific details of the instances of sexual misconduct to which she referred in her resignation letter, or who allegedly engaged in sexual misconduct, saying she and all other board members had signed a Non-Disclosure Agreement preventing them from disclosing further details.

Board Chair Jinkerson in a statement released at that time said she and the board were aware of Chandler’s concerns but did not specifically address allegations of sexual misconduct.

“When concerns are brought to CPA, we act quickly and appropriately to address them,” she said. “As we continue to grow as an organization, we’re proactively strengthening the policies and procedures that shape our systems, our infrastructure, and the support we  provide to our team and partners,” she said. 

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Rehoboth Beach

Rehoboth Summer Kickoff Party set for May 15 with Ashley Biden

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Former first lady Jill Biden and daughter, Ashley Biden attend the White House Pride celebration on June 26, 2024. (Blade photo by Michael Key)

The Washington Blade’s 19th annual Summer Kickoff Party is scheduled for Friday, May 15 in Rehoboth Beach, Del.

Ashley Biden, daughter of President Joe Biden, has joined the list of speakers, the Blade announced. She will accept an award on behalf of her brother Beau Biden for his LGBTQ advocacy work as Delaware attorney general. (Her appearance was rescheduled from last year.)

The event, to be held this year at Diego’s (37298 Rehoboth Ave. Ext.) from 5-7 p.m., is a fundraiser for the Blade Foundation’s Steve Elkins Memorial Fellowship in Journalism, which funds a summer position reporting on LGBTQ news in Delaware. This year’s recipient will be introduced at the event.

The event will also feature remarks from state Rep. Claire Snyder-Hall. New CAMP Rehoboth Executive Director Dr. Robin Brennan and Blade editor Kevin Naff will also speak. The event is generously sponsored by Realtor Justin Noble, The Avenue Inn & Spa, and Diego’s.

A suggested donation of $25 is partially tax deductible and includes a drink ticket and light appetizers. Tickets are available in advance at bladefoundation.org/rehoboth or at the door. 

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District of Columbia

Curve magazine honors Washington Blade publisher

Lynne Brown named to 2026 Power List

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Blade Publisher Lynne Brown is being honored by Curve magazine.

Washington Blade Publisher Lynne Brown has been named to the 2026 Curve Power List celebrating LGBTQ+ women and nonbinary individuals in North America who are blazing trails in their chosen fields.

“From sports and entertainment icons to corporate leaders and lawmakers, these individuals are breaking barriers, challenging norms, and shaping the future,” Curve Foundation/Curve magazine said in announcing this year’s list, which includes ABC newscaster Robin Roberts, comedian/actress Hannah Einbinder, and singer/actress Renee Rapp, among others.

Brown has worked for the Washington Blade for nearly 40 years. She was named publisher in 2007 before becoming a co-owner in 2010. 

“I am honored to be recognized by Curve magazine during Lesbian Visibility Week,” Brown said. “Receiving this Curve honor is twofold. I was an early subscriber to Curve. I enjoy the product and know its history. Its journalism, layout and humorous features have inspired me.   

“As an owner/publisher, receiving recognition from a similar source acknowledges my work and efforts, with a sincerity I truly appreciate. Franco Stevens, the publisher of Curve, is a business person of duration, experience, and purpose. The fact that they are in the media business, and honoring me and my publication makes it a tiny bit sweeter.” 

Nominations for the Curve Power List come from the community: peers, mentors, fans, and employers. 

Curve explained the significance of the list in its announcement: “An annual, publicly nominated list of impactful LGBTQ+ women and nonbinary changemakers is crucial in current times to counter discrimination, legislative rollbacks, hostility, and the invisibility of queer women within mainstream and marginal spaces and endeavors. Such a list also fosters encouragement and solidarity, and elevates voices and achievements—from high-profile roles to under appreciated areas of life.”

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