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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

Gay priest credited with boosting church support for LGBTQ Catholics

Fr. Tom Oddo’s biographer speaks at Dignity Washington event

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(Book cover image courtesy of Amazon)

The author of a biography of a U.S. Catholic priest said to have advocated for support by the Catholic Church of gay Catholics in the early 1970s has called Father Thomas ‘Tom’ Oddo a little known but important figure in the LGBTQ rights movement.

Tyler Bieber, author of the recently published book “Against The Current: Father Tom Oddo And the New American Catholic,” told of Oddo’s life and work on behalf of LGBTQ rights at a March 22 talk before the local LGBTQ Catholic group Dignity Washington.

Among Oddo’s important accomplishments, Bieber said, was his role as a co-founder of the national LGBTQ Catholic group Dignity U.S.A. in 1973 at the age of 29.

But as reported in the prologue of his book, Bieber presented details of the sad news that Oddo died in a fatal car crash in 1989 at the age of 45 in Portland, Ore., where he was serving as the highly acclaimed president of the University of Portland, a Catholic institution.

“He was a major figure in the gay rights movement in the 1970s, an unsung hero of that movement,” Bieber told Dignity Washington members, who assembled for his talk in a meeting room at St. Margaret Episcopal Church near Dupont Circle, where they attend their weekly Catholic mass on Sundays.

Tyler Bieber (Washington Blade photo by Lou Chibbaro, Jr.)

“And Dignity U.S.A. saw intense growth in membership and visibility” during its early years under Oddo’s leadership, Bieber said. “The story of Father Tom and his contemporaries is a story largely untold in the history of the gay rights movement, but one worth knowing and considering,” he said.

As stated in his book, Bieber told the Dignity Washington gathering Oddo was born and raised in a Catholic family on Long Island, N.Y., and attended a Catholic high school in Flushing Queens. It was at that time when he developed an interest in becoming a priest, according to Bieber.

After studying at the University of Notre Dame and completing his religious studies he was ordained as a priest in 1970 and began his work as a priest in the Boston area, Bieber said. It was around that time, Bieber told the Dignity Washington audience, that gay Catholics approached Oddo to seek advice on how they should interact with the Catholic Church. It was also around that time that Oddo became involved in a group supportive of then gay Catholics that later became a Dignity chapter in Boston.

In a development considered unusual for a Catholic priest, Bieber said Oddo in 1973 testified in support of gay rights bill before a committee of the Massachusetts Legislature and collaborated with then Massachusetts gay and lesbian rights advocate Elaine Noble.

In 1982, at the age of 39, Oddo was selected as president of the University of Portland following several years as a college teacher in the Boston area, Bieber’s book states. It says he was seen as a “vibrant and capable administrator who delivered real results to his campus,” adding, “His magnetism was obvious. One student described him as ‘John Kennedyesque’ to the university’s student newspaper.”

 Bieber said that although Oddo was less active with Dignity U.S.A. during his tenure as UP president, he continued his support for gay Catholics and what is now referred to as LGBTQ rights.

“For those that knew him prior to his term at UP, though, he represented something greater than an accomplished university administrator and educator,” Bieber’s book states. “He was a new kind of priest, a gay man living and ministering in a world set loose from tradition by the Second Vatican Council,” the book says.

It was referring to the Vatican gathering of worldwide Catholic leaders from 1962 to 1965 concluding under Pope Paul VI that church observers say modernized church practices to allow far greater participation by the laity and opened the way for sympathetic consideration of gay Catholics.

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District of Columbia

HRC to host National Rainbow Seder

Bet Mishpachah among annual event’s organizers

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(Photo by Rafael Ben Ari/Bigstock)

The 18th National Rainbow Seder will take place at the Human Rights Campaign on Sunday.

The sold out event is the country’s largest Passover Seder for the Jewish LGBTQ community.

Organizations behind the event include Bet Mishpachah, a local D.C. LGBTQ synagogue that Rabbi Jake Singer-Beilin leads, and GLOE, an Edlavitch DC Jewish Community Center program that sponsors events for the queer Jewish community. The theme for this year’s Seder is “Liberation For All Who Journey: Remembering, Resisting, Rebuilding.” Rabbis Atara Cohen, Koach Frazier, and Avigayil Halpern will lead it. 

The Seder will honor the late GLOE co-chair Michael Singer. Singer also served on the Edlavitch DC Jewish Community Center’s board.

“This Seder is both a celebration of how far we have come and a call to continue building a more just and inclusive world.” Bet Mishpachah Executive Director Joshua Maxey told the Washington Blade.

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Virginia

Gay man murdered in Va.

Shyyell Diamond Sanchez-McCray killed in Petersburg on March 13

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Shyyell Diamond Sanchez-McCray (Screen capture via Tashiri Bonet Iman/YouTube)

A gay man was murdered in Petersburg, Va., on March 13.

Shyyell Diamond Sanchez-McCray, who was also known as Saamel and Mable, was a drag queen who won the Miss Mayflower EOY pageant in 2015. Reports also indicate Sanchez-McCray, 42, was a well-known community activist in Virginia and in North Carolina.

Local media reports indicate police officers found Sanchez-McCray shot to death inside a home in Petersburg.

Sanchez-McCray’s brother, Jamal Mitchell Diamond, in a public statement the Washington Blade received from Equality Virginia and GLAAD, said Sanchez-McCray was not transgender as initial reports indicated.

“Our family has always embraced the fullness of who he was. He used the names Saamel, Shyyell, and Mable interchangeably, and we honor all of them. There is no division within our family regarding how he is being represented — only a shared commitment to preserving his truth with love and respect,” said Diamond.

“He was also deeply committed to community work through Nationz Foundation, where he worked and completed multiple state-certified programs to support marginalized communities,” added Diamond. “That work meant a great deal to him.”

Authorities have not made any arrests.

The Petersburg Bureau of Police has asked anyone with information about Sanchez-McCray’s murder to call Petersburg-Dinwiddie Crime Solvers at 804-861-1212.



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