Local
Judge rules against Choi in ‘vindictive’ prosecution claim
Gay activist on trial for arrest over White House protest
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.
Maryland
Trone, Alsobrooks battle it out in Md.
Winner of May 14 Democratic primary will face Hogan in November
The two Democrats who are running to succeed retiring U.S. Sen. Ben Cardin (D-Md.) told the Washington Blade they would champion LGBTQ rights in the U.S. Senate.
Congressman David Trone is a member of the LGBTQ+ Equality Caucus and co-sponsored the Equality Act, which would add sexual orientation and gender identity to federal civil rights law.
Trone voted in favor of the Respect for Marriage Act and co-sponsored a U.S. House of Representatives resolution in support of transgender rights. Trone helped secure $530,000 in grants from the Department of Homeland Security to develop violence prevention programs for LGBTQ youth in Montgomery County. He has also participated in Pride marches and other LGBTQ-specific events in his district that stretches from northern Montgomery County to Garrett County in western Maryland.
Trone during a telephone interview with the Blade on May 1 noted Republicans voted for the Respect for Marriage Act, which codified marriage equality in federal law.
“It’s about having to be able to personally connect with folks on the other side of the aisle,” said Trone.
“What I found successful to me is building a personal relationship and telling stories about my life,” he added.
Trone during the interview disclosed his niece is trans, and attended Furman University in South Carolina. He said he donated $10 million to the school that he attended as an undergrad to “build out their mental health capacity, which I felt was a way that she could have the best mental health care possible when she worked her way through (her) transition.”
Trone said his company, Total Wine & More, began to offer benefits to employees’ same-sex partners nearly 30 years ago. He told the Blade he implemented the policy after a female employee said her partner was unable to get health insurance.
“I didn’t really think much about it, because I didn’t realize that her partner was another woman,” recalled Trone. “She explained to me that she was another woman and couldn’t get married, and I said, well, we’ll figure that out, so I went down to human resources and found that you can change your policy.”
Maryland voters in 2012 approved the state’s same-sex marriage law.
Prince George’s County Executive Angela Alsobrooks was the county’s state’s attorney when voters upheld the marriage equality law.
She supported the law and attended a pro-Question 6 fundraiser at state Del. Anne Kaiser (D-Montgomery County)’s home ahead of the referendum. The Montgomery County Democrat’s now wife worked with Alsobrooks when she was state’s attorney, and she toasted them at their 2013 wedding.
Alsobrooks during an April 29 interview at the Blade’s office noted Prince George’s County offers PrEP to LGBTQ people and other communities “that need the opportunity to protect themselves.”
She, like Trone, supports the Equality Act, noting it “does provide the opportunity to not experience discrimination in a number of forums.” Alsobrooks also discussed the need to “protect the courts.”
“The one thing that former President Trump did was to stack the courts with judges who make decisions that have taken away the rights of many people, including the LGBTQ community,” she told the Blade.
Alsobrooks also said she would like to be on the Senate Judiciary Committee to “make sure that we are not appointing these conservative, activist judges who want to make decisions and choices that do not belong to them … and are determined, I think, to remove freedom from so many.”
Prince George’s County Councilwoman Krystal Oriadha, a bisexual woman who supports Trone, last June criticized the decision not to hold a ceremony for the raising of the Pride flag over the county administrative building in Upper Marlboro.
Pastor John K. Jenkins, Sr., of First Baptist Church of Glenarden, the Upper Marlboro church that Alsobrooks attends, in 2012 urged his congregants to vote against Maryland’s marriage equality law. Shirley Caesar, a well-known gospel singer, during a 2017 appearance at the church defended Kim Burrell, another gospel singer who referred to the “perverted homosexual lifestyle” in an online sermon that has been removed from YouTube and social media.
Alsobrooks’s campaign in an earlier statement to the Blade said she “does not agree with those sentiments.”
Primary winner to likely face Hogan
Early voting in Maryland began on May 2.
Campaign finance reports indicate Trone has loaned his campaign more than $54 million. Alsobrooks has raised more than $7 million.
A poll that Goucher College conducted with the Baltimore Banner between March 19-24 found 42 percent of likely Democratic voters will vote for Trone, compared to 33 percent who said they will cast their ballot for Alsobrooks. Nearly a quarter of poll respondents said they were undecided.
An Emerson College Polling/The Hill/DC News Now poll released on Thursday notes Alsobrooks is now ahead of Trone by a 42-41 percent margin with a 2.9 percent margin of error. The poll was conducted between Monday and Wednesday.
The winner of the May 14 primary will most likely face off against Republican former Gov. Larry Hogan, who entered the race in February.
Alsobrooks would become the first Black woman to represent Maryland in the U.S. Senate if she were to win in November. She told the Blade that Maryland “is going to be one of the states” that will determine whether Democrats will retain control of the chamber.
“That issue of choice was also squarely featured because of his (Hogan’s) well-known position as a person who is not pro-choice,” she said, referring to abortion that has emerged as a top campaign issue after the U.S. Supreme Court in 2022 struck down Roe v. Wade. “It really energized a lot of people who are now really leaning in and are committed to making sure that we keep Maryland blue, and by extension that we elect people who will protect a woman’s right to choose, protect reproductive freedom.”
Trone told the Blade that he is the candidate who can defeat Hogan in November.
“I have a track record of progress and passing bills in the House for three sessions,” said Trone. “I’ll be able to beat Larry Hogan.”
Candidates attacked over insensitive comments, campaign spending
Trone and Alsobrooks in recent weeks have intensified their attacks against each other.
Somerset Mayor Jeffrey Slavin and other elected officials who have endorsed Alsobrooks over the past weekend publicly criticized Trone after he told NBC Washington last week that people who have backed her are “low level.”
Trone in March apologized after he used a racial slur during a House Budget Committee hearing.
Alsobrooks’s campaign did not publicly respond to the comment. Alsobrooks herself pointed out to the Blade that Trone during a debate said he gave money to U.S. Reps. Lucy McBath (D-Ga.) and Lauren Underwood (D-Ill.), describing them as “great diversity candidates.” (Trone later said he meant to say “diverse candidates.”)
“We are not diversity candidates,” said Alsobrooks. “These are qualified congresswomen.”
Alsobrooks also noted Trone has given money to anti-LGBTQ Republicans.
Campaign finance records indicate Trone and/or his wife have previously supported anti-LGBTQ Republicans. These include a $38,000 donation to Texas Gov. Greg Abbott’s election campaign in 2014, two $4,000 contributions to former North Carolina Gov. Pat McCrory in 2008 and 2012 and $2,500 to U.S. Sen. Tom Tillis (R-N.C.).
Total Wine & More between 2007-2022 contributed $272,971 to Republican officials, candidates and state parties. Trone in 2015 stepped down as the company’s CEO.
Trone in response to Alsobrooks’s criticism noted his company has more than 1,000 employees in Texas. Trone also defended his company and the way that he has “always put my people first.”
“If you put your people first, you’re going to take care of your people with full time wages, wages with benefits, insurance, health care, all those things,” he said. “Republicans attack us in all these states, then they have the audacity to ask for money in those states, and that’s where the company is put between a rock and a hard place.”
“That’s why we want to get this money out of politics,” added Trone. “Get these people out (of) there asking for money.”
Trone said he has given more than $20 million to Democrats.
“The fact that the company works to protect the jobs of people in Tennessee, and in South Carolina, (works) on issues that are not related to abortion, issues that are not at all related to LGBTQ+ issues that are related to the business; I keep them open,” he told the Blade. “They’d like to conflate the world to their advantage.”
Trone noted he was not “born rich” and attended public school, while Alsobrooks “went to private school.” Trone also described Alsobrooks to the Blade as a “career politician.”
Governor Wes Moore; Lt. Gov. Aruna Miller; U.S. Sen. Chris Van Hollen; former U.S. Sen. Barbara Mikulski, U.S. Reps. John Sarbanes, Glenn Ivey, Steny Hoyer, Kweisi Mfume and Jamie Raskin; state Sen. Mary Washington (D-Baltimore City); former state Del. Maggie McIntosh (D-Baltimore City); Baltimore Mayor Brandon Scott; and Howard County Registrar of Wills Byron Macfarlane are among the elected officials who have endorsed Alsobrooks.
“She was for marriage equality before it was cool to be for marriage equality,” Kaiser told the Blade late last year.
Attorney General Anthony Brown, Prince George’s County State’s Attorney Aisha Braveboy and gay state Dels. Ashanti Martinez (D-Montgomery County) and Kris Fair (D-Frederick County) are among those who have endorsed Trone.
“Congressman David Trone has been an unwavering supporter of LGBTQ+ rights since his first year in office,” Fair told the Blade on Tuesday in a statement. “He has been a vocal and visible leader, showing up in queer spaces and being an active listener and facilitator.”
Gay state Del. Joe Vogel (D-Montgomery County), who is running for Trone’s seat in Congress, has also endorsed him.
District of Columbia
Billy Porter, Keke Palmer, Ava Max to perform at Capital Pride
Concert to be held at annual festival on June 9
The Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, announced this week the lineup of performers for the Sunday, June 9, Capital Pride Concert to be held during the Capital Pride Festival on Pennsylvania Avenue, N.W. near the U.S. Capitol.
Among the performers will be nationally acclaimed singers and recording artists Billy Porter and Keke Palmer, who will also serve as grand marshals for the Capital Pride Parade set to take place one day earlier on Saturday, June 8.
The Capital Price announcement says the other lead performers will be Ava Max, Sapphira Cristal, and the pop female trio Exposé.
“The beloved pop icons will captivate audiences with upbeat performances coupled with their fierce advocacy for LGBTQ+ rights, echoing the vibrant spirit of this year’s theme, ‘Totally Radical,’” according to a statement released by Capital Pride Alliance.
“With Billy Porter and Keke Palmer leading the parade as Grand Marshals, we’re not only honoring their incredible contributions to the LGBTQ+ community but also amplifying their voices as fierce advocates for equality and acceptance,” Capital Pride Alliance Executive Director Ryan Bos said in the statement.
“The concert and festival serve as a platform to showcase the diverse array of LGBTQ+ talent, from the chart-topping hits of Ava Max to the iconic sounds of Exposé and the electrifying performances of Sapphira Cristal,” Bos said in the statement. “Capital Pride 2024 promises to be a celebration like no other.”
The concert will take place from 12-10 p.m. on the main stage and other stages across the four-block long festival site on Pennsylvania Avenue.
Arts & Entertainment
Washington Blade’s Pride on the Pier and fireworks show returning June 8
The annual Pride on the Pier Fireworks Show presented by the Leonard-Litz Foundation will take place on Saturday, June 8 at 9 p.m.
The Washington Blade, in partnership with LURe DC and The Wharf, is excited to announce the 5th annual Pride on the Pier and fireworks show during D.C. Pride weekend on Saturday, June 8, 2024, from 2-10 p.m.
The event will include the annual Pride on the Pier Fireworks Show presented by the Leonard-Litz Foundation at 9 p.m.
Pride on the Pier extends the city’s annual celebration of LGBTQ visibility to the bustling Southwest waterfront with an exciting array of activities and entertainment for all ages. The District Pier will offer DJs, dancing, drag, and other entertainment. Alcoholic beverages will be available for purchase for those 21 and older. Local DJ’s Heat, Eletrox and Honey will perform throughout the event.
3 p.m. – Capital Pride Parade on the Big Screen
3:30 p.m. – Drag Show hosted by Cake Pop!
9 p.m. – Fireworks Show Presented by Leonard-Litz Foundation
The event is free and open to the public. The Dockmasters Building will be home to a VIP experience. To learn more and to purchase tickets go to www.prideonthepier.com/vip. VIP tickets are limited.
Event sponsors include Absolut, Buying Time, Capital Pride, DC Brau, DC Fray, Burney Wealth Management, Infinate Legacy, Leonard-Litz Foundation, Mayor’s Office of LGBTQ Affairs, MISTR, NBC4, The Wharf. More information regarding activities will be released at www.PrideOnThePier.com
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