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Judge rules against Choi in ‘vindictive’ prosecution claim

Gay activist on trial for arrest over White House protest

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A federal judge ruled on Oct. 11 that gay former Army Lt. Dan Choi cannot argue in his ongoing trial that he was targeted for “selective” or “vindictive” prosecution following his arrest last year for chaining himself to the White House fence in a protest against “Don’t Ask, Don’t Tell.”

In a 17-page decision, Chief Judge Royce Lamberth of the U.S. District Court for the District of Columbia overturned an earlier ruling by Magistrate Judge John Facciola that allowed Choi’s lawyers to pursue allegations of selective or vindictive prosecution in the trial, which began Aug. 29.

Lamberth’s decision, among other things, granted a petition by prosecutors for a Writ of Mandamus, a formal and unusual request challenging a ruling of a trial judge by appealing to a higher court or to another judge with greater authority.

Under Lamberth’s decision, Facciola is prohibited from “considering selective or vindictive prosecution as a defense to the merits of the prosecution,” prohibited from “allowing evidence as to either claim” and barred from entertaining any motion filed by Choi to dismiss the case based on selective or vindictive prosecution.

Facciola is presiding over a non-jury trial in which Choi is being prosecuted for a misdemeanor charge of disobeying a lawful police order to disperse from the White House fence. Although the prohibition against Choi’s use of a defense based on selective or vindictive prosecution is a blow to the defense, one of his attorneys, Norman Kent, said Sunday that the defense will move forward on other grounds and that Choi’s defense team remains confident that Choi will be found not guilty.

Choi was the only one of a group of protesters arrested during the November 2010 protest that did not agree to plead guilty to the charge in exchange for having the case dismissed if they weren’t arrested again at the White House within a four-month period.

Through his attorneys, Choi has argued that he had a constitutional right to handcuff himself to the White House fence. The attorneys also have contested the government’s case on a technicality, saying police ordered Choi to disperse from the sidewalk. They note that Choi was standing on an elevated ledge on which the White House fence is attached, not the sidewalk itself and thus Choi was not legally bound to obey the police order.

Lamberth said in his decision that prosecutors were correct in arguing that under longstanding court rules of evidence, a case alleging selective or vindictive prosecution must be initiated in a pre-trial motion, not during the trial itself.

Choi’s attorneys — Kent of Fort Lauderdale, Fla., and Robert Feldman of New York — have argued that they lacked sufficient evidence of selective or vindictive prosecution prior to the start of the trial. The two said persuasive evidence of a selective-vindictive prosecution only emerged during their cross-examination of government witnesses during the trial itself.

Following strong opposition by the prosecutor in the case, Facciola ruled on Aug. 31 that preliminary evidence existed to show a selective or vindictive prosecution could have occurred against Choi. Facciola ruled that Choi’s lawyers could go forward with using selective-vindictive enforcement as a defense.

Feldman and Kent argued that Choi’s decision to handcuff himself to the White House fence in November 2010 was identical to two prior White House protests in which he and others handcuffed themselves to the fence. They noted that while prosecutors charged Choi in the earlier protests under a local municipal statute that carried no jail time, in the November 2010 protests, they charged Choi under a more stringent federal statute that includes a possible sentence of six months in jail.

Feldman and Kent alleged that prosecutors chose the more stringent statute in the November case because Choi’s protests were embarrassing the Obama administration over the gays in the military issue. They said the harsher prosecution was in retaliation for Choi’s political message that the White House wasn’t moving fast enough to repeal “Don’t Ask, Don’t Tell.”

Assistant U.S. Attorney Angela George, the lead prosecutor in the case, disputed that assertion, saying the government prosecuted Choi for refusing to obey a lawful order by police to move away from the White House fence. She said Choi’s political message was irrelevant to the government’s case and had no role in the decision to prosecute him.

In court briefs, George said prosecutors charged Choi under a more stringent law in the November case because it was the third time in less than a year that he had been arrested for the same illegal conduct and the government has legal discretion to select different statutes or regulations under which to make an arrest in such a case.

Facciola put the trial on hold on Aug. 31 after George said the government would take the unusual step of challenging his ruling through a Petition for a Writ of Mandamus. Under U.S. District Court rules, the court’s chief judge rules on such a petition.

Kent told the Blade on Oct. 16 that following consultation with Choi he and Feldman are strongly considering appealing Lamberth’s decision to the U.S. Court of Appeals for D.C. He said Choi’s legal team would make a final decision on whether to file an appeal by Oct. 20, a deadline set by Judge Facciola for the two sides to inform the court whether an appeal will be made or whether the trial will resume.

Choi enjoyed widespread support from LGBT activists when he worked with the LGBT direct action group GetEqual last year in a series of non-violent civil disobedience protests at the White House and other locations to pressure Congress and the Obama administration to push harder for repeal of “Don’t Ask, Don’t Tell.”

But since Obama signed legislation approved by Congress repealing “Don’t Ask, Don’t Tell” and since the repeal took effect on Sept. 20, some activists have questioned the rationale for Choi’s decision to demand a trial in the current case. Some have asked why Choi is contesting the type of civil disobedience arrest that most other protesters acknowledge involves breaking a law and choose to resolve by paying a small fine or agreeing to a plea offer like the one prosecutors made to Choi.

Gay rights attorney and television commentator Mark Levine called non-violent civil disobedience arrests an important and historic tradition in the U.S. civil rights movement made famous by Martin Luther King Jr. in his efforts to end racial discrimination. Levine said the benefit of drawing public attention to an injustice comes from the arrest itself, “not a long drawn out trial that has the potential for wasting court resources that would be better used for something else.”

Choi has said he chose to take his case to trial because he believes his action handcuffing himself to the White House fence is protected by his First Amendment right to free speech and should not be considered an illegal act.

 

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District of Columbia

Booz Allen withdraws as WorldPride corporate sponsor

Company updated programs to comply with Trump executive orders

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(Screenshot courtesy of WorldPride's website)

The U.S. technology company Booz Allen Hamilton has confirmed it has withdrawn as a corporate sponsor for the international LGBTQ WorldPride events scheduled to take place in D.C. from May 17-June 8, according to a report by the Washington Business Journal.

In an exclusive story published Feb.10, the business publication reports that Booz Allen Hamilton disclosed in a statement that its decision to withdraw as a WorldPride sponsor was based on its need to comply with “recently issued presidential executive orders.”

Although the statement did not say so directly, it is referring to executive orders issued since Jan. 20 by President Donald Trump that, among other things, ban government agencies and companies doing business with the government through contracts from promoting or carrying out diversity, equity, and inclusion or “DEI” programs.

On its website, Booz Allen Hamilton describes itself as an “advanced technology company delivering outcomes with speed for America’s most critical defense, civil, and national securities priorities.” Among the government agencies it does business with, the website statement says, are the U.S. Air Force, U.S. Army, U.S. Marine Corps, U.S. Navy, and the Office of the Secretary of Defense.

“We take this responsibility to our nation seriously,” Washington Business Journal quoted the Booz Allen Hamilton statement regarding WorldPride as saying. “It demands from us commitment to their best principle to flawless execution and to full compliance with all laws and regulations, including executive orders,” Washington Business Journal quotes the statement as saying.

The Washington Business Journal article includes a photo of more than a dozen of Booz Allen Hamilton employees marching in D.C.’s Capital Pride parade in 2017.

The company did not immediately respond to a request from Washington Blade seeking comment on its WorldPride decision.

Capital Pride Alliance, the group that organizes most D.C. LGBTQ Pride events and is the lead organizer of WorldPride 2025, in response to a request by the Blade released a statement responding to Booz Allen Hamilton’s sponsorship withdrawal.

“Booz Allen Hamilton is the only organization that has withdrawn its committed financial support for WorldPride,” the statement says. “CPA is proud of its many longstanding legacy sponsors, many of whom have already reaffirmed their commitments to participate in WorldPride this summer,” the statement continues.

“Just like many American companies and LGBTQ+ organizations, we are navigating current challenges and many unknowns,” the statement says. “We are confident, however, that we will have the support necessary to have a successful and safe WorldPride that meets this moment,” it says.

“That support includes families, organizations, and businesses from across our community and corporations that truly celebrate diversity and value equity and inclusion for all,” the statement concludes.

The Capital Pride Alliance website last year listed Booz Allen Hamilton as a corporate sponsor for the 2024 Capital Pride events in the category of a “True Colors” sponsor, which it said represented a donation of $75,000. But the Capital Pride Alliance statement to the Blade this week says, “We are not going to share they’re previously planned commitment for 2025.”

The statement adds, “Many in our community are extremely vulnerable right now, and standing up for them, standing with them, standing with us, in this movement is what we all need.”

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District of Columbia

Trump executive order prompts local hospitals to stop gender-affirming care for youth

Activists marched outside Children’s National on Feb. 2

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A protester stands outside Children's National Hospital in Northwest D.C. on Feb. 2, 2025. (Washington Blade photo by Linus Berggren)

Hospitals in the D.C. area are putting a prompt stop to aiding transgender youth and their families continue their transition after President Donald Trump signed an executive order that bans all gender-affirming care nationwide for minors under 19.

On Jan. 28, days after Trump took office, signed the executive order, “Protecting Children from Chemical and Surgical Mutilation,” which immediately halted the prescription and medical treatment of gender-affirming care for all minors under the age of 19 across the country. The order use of “chemical and surgical mutilation” is in reference to the various kinds of gender-affirming care that youth may receive when in the care of a medical practice.

“Today, medical professionals are maiming and sterilizing a growing number of impressionable children under the radical and false claim that adults can change a child’s sex through a series of irreversible medical interventions.” says the executive order. “This dangerous trend will be a stain on our nation’s history, and it must end.”

The executive order laid out various guidelines for medical practices to follow that must be implemented within the coming months. These include “ending reliance on junk science,” in referring to following the World Professional Association for Transgender Health’s guidelines for youth, and “defunding chemical and surgical mutilation,” which seeks to ban hospitals and medical schools to use federal funding for gender-affirming care.

Hospitals, medical schools, and clinics across the country have begun to abide by the executive order and drop trans and gender diverse youth as they dismantled programs that provided care of any kind that treated a child’s gender dysphoria. Children’s National Hospital in Northwest Washington is one of those institutions.

“Children’s National is committed to providing compassionate and comprehensive care in accordance with the law,” said Children’s National in a Jan. 30 press release. “As a result, we are currently pausing all puberty blockers and hormone therapy prescriptions for transgender youth patients, per the guidelines in the executive order issued by the White House this week. Children’s National already does not perform gender affirming surgery for minors.”

“We recognize the impact this change will have, and our commitment to creating a better future for children and families remains at the forefront of our mission,” it added. “We will do everything we can to ensure the same uninterrupted access to mental health counseling, social support, and holistic and respectful care for every patient at Children’s National. We are working directly with patients and providers to ensure every patient has access to the information and support services they need, and we appreciate their continued trust and understanding as we work through these changes.”

The hospital did not provide the Washington Blade with additional comment.

Activists in response to the decision organized a march that took place outside Children’s Hospital. on Feb. 2. D.C. Safe Haven, a group founded to “provide TLGBQ people in the DMV area with opportunities to transform their lives,” helped organize the march.

Similar protests have taken place across the country.

The Gender Liberation Movement organized the “Rise Up for Trans Youth” march in New York’s Union Square on Saturday. The group was one of the organizers of a march that took place in front of the U.S. Supreme Court on Dec. 4 when the justices heard oral arguments in the U.S. v. Skrmetti case, which challenges a Tennessee law that bans gender-affirming care for minors under 18.

“VCU Health and Children’s Hospital of Richmond at VCU have suspended gender-affirming medications and gender-affirming surgical procedures for patients under 19-years-old in response to an executive order issued by the White House on Jan. 28, 2025, and related state guidance received by VCU on Jan. 30, 2025,” the hospital said in a statement. “Our doors remain open to all patients and their families for screening, counseling, mental health care, and all other health care needs.”

Equality Virginia, a queer advocacy group that works across the state, in a statement to the Blade criticized the executive order and response to it.

“Executive orders are not legislation, they are not law, and they do not supersede state laws,” said Narissa Rahaman, the group’s executive director. “The General Assembly has taken up bills on both transgender athletes and gender-affirming care, and in both cases, the general assembly has declined to pursue bans on either. State law is clear; what is unclear is why the Youngkin administration is spending its final year cozying up to the Trump administration and repeatedly singling out transgender Virginians for discrimination.”

“To the transgender and nonbinary athletes and youth seeking healthcare in Virginia who are feeling scared: Equality Virginia will not stop fighting for you, no matter who occupies the Governor’s Mansion or the White House,” added Rahaman.

Petitions are urging D.C. Attorney General Brian Schwalb, Health and Human Services, and Children’s National to use D.C.’s human rights law to challenge the executive orders. Lambda Legal, along with the American Civil Liberties Union and the law firms Jenner & Block and Hogan Lovells have filed lawsuits against Trump’s mandate on behalf of families of trans youth.

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Local

Comings & Goings

Ryan Levi to lead D.C. chapter of NLGJA

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Ryan Levi

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

Congratulations to Ryan Levi on assuming the presidency of the D.C. chapter of the National Lesbian and Gay Journalists Association (DCNLGJA). 

“I’m incredibly excited to take on this new leadership role with an organization full of incredible journalists,” Levi said. “In these uncertain and challenging times for many in our queer and trans community, I hope NLGJA can continue to be a space for queer and trans D.C. journalists to connect with their peers, find support, grow in their careers, and build community.”

Levi’s background includes being a reporter and producer with Tradeoffs Washington, D.C., where he reported and produced podcast episodes for the national nonprofit health policy news organization. Topics included ransomware attacks on hospitals, bias and AI in health care, and bringing Medicaid to incarcerated people. He was the lead reporter on The Fifth Branch, a special three-part series on mental health crisis response. His reporting was featured on NPR, PBS NewsHour, The Marshall Project, and Slate. He was a producer for KQED News, San Francisco, where he reported and produced sound-rich feature stories, developed, and executed engagement strategy, provided editorial feedback, and mixed pieces for the weekly Bay Curious podcast. Before that he was a producer and reporter at KBIA News in Columbia, Missouri. 

Levi earned his bachelor’s degree in journalism from the University of Missouri, and a bachelor’s degree in Spanish, College of Arts and Science. He has won numerous honors and recognition for his work, including: Region 2 Edward R. Murrow Best News Series award for Three Refugees, Three Journeys to California; and second place 2017 Hearst Journalism Awards Radio Competition (reporter).

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