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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

Imperial Court of Washington drag group has ‘dissolved’

Board president cites declining support since pandemic

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The Imperial Court of Washington announced that it has ended its operations by dissolving its corporate status. Pictured is the Imperial Court of Washington's 2022 Gala of the Americas. (Washington Blade file photo by Michael Key)

The Imperial Court of Washington, a D.C.-based organization of drag performers that has raised at least $250,000 or more for local LGBTQ and non-LGBTQ charitable groups since its founding in 2010, announced on Jan. 5 that it has ended its operations by dissolving its corporate status.

In a Jan. 5 statement posted on Facebook, Robert Amos, president of the group’s board of directors, said the board voted that day to formally dissolve the organization in accordance with its bylaws.

“This decision was made after careful consideration and was based on several factors, including ongoing challenges in adhering to the bylaws, maintaining compliance with 501(c)(3) requirements, continued lack of member interest and attendance, and a lack of community involvement and support as well,” Amos said in his statement.

He told the Washington Blade in a Jan. 6 telephone interview that the group was no longer in compliance with its bylaws, which require at least six board members, when the number of board members declined to just four. He noted that the lack of compliance with its bylaws also violated the requirements of its IRS status as a nonprofit, tax-exempt 501(c) (3) organization.

According to Amos, the inability to recruit additional board members came at a time when the organization was continuing to encounter a sharp drop in support from the community since the start of the COVID pandemic around 2020 and 2021.

Amos and longtime Imperial Court of Washington member and organizer Richard Legg, who uses the drag name Destiny B. Childs, said in the years since its founding, the group’s drag show fundraising events have often been attended by 150 or more people. They said the events have been held in LGBTQ bars, including Freddie’s Beach Bar in Arlington, as well as in other venues such as theaters and ballrooms.

Among the organizations receiving financial support from Imperial Court of Washington have been SMYAL, PFLAG, Whitman-Walker Health’s Walk to End HIV, Capital Pride Alliance, the DC LGBT Community Center, and the LGBTQ Fallen Heroes Fund. Other groups receiving support included Pets with Disabilities, the Epilepsy Foundation of Washington, and Grandma’s House.

The Imperial Court of Washington’s website, which was still online as of Jan. 6, says the D.C. group has been a proud member of the International Court System, which was founded in San Francisco in 1965 as a drag performance organization that evolved into a charitable fundraising operation with dozens of affiliated “Imperial Court” groups like the one in D.C.  

Amos, who uses the drag name Veronica Blake, said he has heard that Imperial Court groups in other cities including Richmond and New York City, have experienced similar drops in support and attendance in the past year or two. He said the D.C. group’s events in the latter part of 2025 attracted 12 or fewer people, a development that has prevented it from sustaining its operations financially. 

He said the membership, which helped support it financially through membership dues, has declined in recent years from close to 100 to its current membership of 21.

“There’s a lot of good we have done for the groups we supported, for the charities, and the gay community here,” Amos said. “It is just sad that we’ve had to do this, mainly because of the lack of interest and everything going on in the world and the national scene.”   

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Virginia

LGBTQ groups to join Spanberger inaugural parade

Virginia Pride among more than 25 orgs to march in Jan.17 event

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Abigail Spanberger is set to take the oath of office on Jan. 17. (Washington Blade file photo by Joe Reberkenny)

Virginia Gov.-Elect Abigail Spanberger’s inaugural committee announced on Jan. 2 that at least two LGBTQ organizations will be among more than 25 state-based organizations, including marching bands, that will participate in her inaugural parade on Jan. 17.

A statement released by the inaugural committee says the parade will take place immediately after Spanberger is sworn in as Virginia’s 75th governor and delivers her inaugural address in Richmond.

The statement lists the LGBTQ groups Virginia Pride and Diversity Richmond as two groups participating in the parade, although the two groups merged in 2021, with Virginia Pride becoming a project of Diversity Richmond. Among other things, Virginia Pride organizes Richmond’s annual LGBTQ Pride events.

“A display of the impressive talent and beauty of every corner of Virginia, our inaugural parade will be a celebration of all that makes our Commonwealth strong,” Spanberger said in the Jan. 2 statement. “I’m excited for attendees in the stands on Capitol Square and families watching together at home to see this incredible showing of Virginia pride,” she said.

James Millner, who serves as director of Virginia Pride, told the Washington Blade about 75 people are expected to join the Virginia Pride-Diversity Richmond contingent in the parade. He said among them will be members of other Virginia LGBTQ organizations. 

“We’re going to invite our staff, our board, our volunteers, and our community partners to join us,” Millner said. 

“We are thrilled and honored to have been invited to participate in Abigail Spanberger’s inauguration festivities,” he added. “I think this represents a marked change from the previous administration and demonstrates what she campaigned on – which is she sees the diversity of the Commonwealth as a strength that needs to be celebrated,” he said. “And we are very happy that she has invited us to represent the diversity of the commonwealth.”

Millner appeared to reflect on the sentiment of the large majority of Virginia’s LGBTQ community in its support for Democrat Spanberger over Republican Lt. Gov. Winsome Earle-Sears in the November 2025 Virginia election and the end of incumbent GOP Gov. Glenn Youngkin’s term in office on Jan. 17. 

“After what we’ve been through with the Younkin administration, especially in its treatment of LGBTQ folks, especially transgender and nonconforming folks, I think we are all breathing easy and excited about what opportunities will exist in working with Abigail Spanberger,” he told the Blade.

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District of Columbia

Two pioneering gay journalists to speak at Thursday event

Blade’s Chibbaro, Falls Church News-Press’s Benton talk long careers

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The Blade’s Lou Chibbaro, Jr. will speak along with Nick Benton of Falls Church News-Press on Thursday. (Washington Blade photo by Michael Key)

Two local gay journalists will speak on a panel this week about their long, pioneering careers. 

A celebration of the Falls Church News-Press’s Nicholas Benton and the Washington Blade’s Lou Chibbaro Jr., two trailblazing LGBTQ journalists who have spent decades reporting on the front lines of social, cultural, legal, and political change in America, will be held this Thursday, Jan. 8, at the Women’s National Democratic Club of Washington. D.C., 1526 New Hampshire Avenue, N.W., at 6 p.m., according to a statement from organizers.

The program will explore their journeys, the evolution of LGBTQ journalism, and the ongoing fight for equality and justice. Benton and Chibbaro will also examine the various factors causing many news outlets to cease print publication and their energetic efforts to continue publishing their work both in print and online. 

EVENT DETAILS:

  • Remarks and Q&A, in-person and via Zoom.
  • 6 p.m. complimentary hors d’oeuvres and cash bar; 6:30–7:30 p.m. program followed by book signing.
  • Zoom only: $10. In-person: members: $20, nonmembers: $30 plus tax.

Benton’s latest book, “Please Don’t Eat Your Children, Cult Century, and Other Essays,” will be available for purchase at the event.

Benton is a longtime local journalist and LGBTQ rights activist whose work has had a lasting impact on both community journalism and social justice. Author of the first-ever editorial in the pioneering Gay Sunshine newspaper in 1970, he is best known as the founder, owner, and editor of the Falls Church News-Press, an independent weekly newspaper he launched in 1991 and is the paper of record for the City of Falls Church, Virginia.

Chibbaro is the senior news reporter for the Washington Blade and a pioneering journalist in LGBTQ news coverage. He has reported on the LGBTQ rights movement and community continuously since 1976, first as a freelance writer and later as a staff reporter, joining the Blade in 1984.

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