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Dan Choi convicted in White House protest case

Former Army Lt. breaks down in courtroom, vows to appeal verdict

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Dan Choi, White House, Don't Ask, Don't Tell, DADT, GetEqual, gay news, Washington Blade, Marion Ben Shalom
Dan Choi, White House, Don't Ask, Don't Tell, DADT, GetEqual, gay news, Washington Blade, Marion Ben Shalom

Choi supporters Diane Olson and Robin Tyler of Los Angeles (left) and Mariam Ben-Shalom of Milwaukee (front right) join Choi (center) in a rally outside the courthouse. Supporters, who packed the courtroom, gave Choi a standing ovation when the trial ended. (Washington Blade photo by Lou Chibbaro, Jr.)

A federal judge on Thursday found gay former Army Lt. Dan Choi guilty of a misdemeanor offense of disobeying a lawful order by police to disperse from the White House fence during a November 2010 protest against “Don’t Ask, Don’t Tell.”

U.S. District Court Magistrate Judge John Facciola issued his verdict and sentenced Choi to a $100 fine on the last day of a non-jury trial in a case that has dragged on for two-and-a-half years.

Choi and 12 others had handcuffed themselves to the White House fence at a time when the activists said President Obama and Congress weren’t doing enough to advance legislation to repeal the “Don’t Ask, Don’t Tell” law that barred gays from serving openly in the military.

The verdict and sentence came after an emotionally distraught Choi broke down and cried repeatedly during the five-hour court session on Thursday as more than 50 friends and supporters, many of whom came from throughout the country, looked on in a packed courtroom.

Choi began the day’s activities by leading a contingent of supporters to the White House, where they stood at the site of the White House fence before walking about a mile to the courthouse.

He and several of his supporters who are military veterans arrived at the courthouse wearing their military uniforms.

“I apologize for my emotions but I don’t apologize for my humanity,” Choi told Facciola as he represented himself without an attorney.

When Facciola pronounced Choi guilty beyond a reasonable doubt, Choi replied that he would appeal the verdict. When the judge announced the sentence would be limited to a $100 fine, which many of Choi’s supporters considered a rebuke to prosecutors, Choi shouted, “I refuse to pay it…Send me to jail.”

“You have a right to appeal,” Facciola said before adjourning the trial without responding to Choi’s assertion that he would not pay the fine.

“This trial began in August 2011 and was suspended, and what do you think Dan was doing for the next two years,” asked Choi’s friend, former Army Capt. James Pietrangelo, an attorney who provided Choi with legal help. “This case was basically crushing him to death. And you saw the result of his mental state in there today.”

Pietrangelo told supporters before the trial resumed on Thursday that Choi was struggling with a recurring bout of post-traumatic stress disorder. Choi has said in media interviews that the stress disorder stemmed from his combat duty in the Iraq war, where he served as an Arabic linguist and field engineer.

Choi emerged as a nationally recognized advocate for the repeal of DADT in 2009, when he came out as gay in an interview on the Rachel Maddow show while a member of the Army Reserves. Army authorities discharged him under “Don’t Ask, Don’t Tell” a short time later.

Pietrangelo and other supporters of Choi have rallied behind Choi’s decision to fight what he has said was an effort by prosecutors, at the behest of the White House, to single him out for a harsher prosecution because of his criticism of the Obama administration on the “Don’t Ask, Don’t Tell” issue.

Choi and his lawyers argued during the first week of the trial in August 2011 that prosecutors charged him and the other 12 protesters who handcuffed themselves to the White House fence under a federal rather than local D.C. regulation that carried a maximum sentence of six months in jail and $5,000 fine.

In nearly all previous civil disobedience arrests at the White House, protesters have been charged under a D.C. municipal regulation that carries no jail time and a small fine similar to a parking ticket, Choi’s attorneys argued.

Choi was the only one of the 13 people arrested in the November 2010 White House 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.

Assistant United States Attorney Angela George, the lead prosecutor in the case, said during her closing arguments on Thursday that Choi’s political beliefs were irrelevant to the prosecution.

At an earlier stage of the trial she said prosecutors chose to charge Choi under the stricter federal regulation because he had two prior arrests at the White House related to protests against DADT, and the government has the discretion to adjust its charges for repeat offenders.

Observers of the early stage of Choi’s trial considered Facciola to be sympathetic to Choi’s contention that he was targeted for “selective” and “vindictive” prosecution because of his criticism of the Obama administration over DADT. In an important procedural ruling during the first week of the trial in August 2011, Facciola found that Choi and his lawyers presented sufficient evidence to move ahead with a vindictive prosecution defense.

But in a development considered highly unusual, prosecutor George filed a motion for a Writ of Mandamus to contest Facciola’s ruling. Following a special hearing on the issue, U.S. District Court Chief Judge Royce Lamberth overruled Facciola, ordering him not to allow Choi to pursue a vindictive or selective prosecution defense.

Choi and his attorneys responded by appealing Lamberth’s action to the U.S. Court of Appeals, putting in motion additional court hearings while the trial itself was put on hold.

After losing the appeal, Choi dismissed his lawyers, who had been providing pro bono representation, and announced he would represent himself going forward in an action known as pro se representation.

Over the past several months, Choi — with help from lawyers behind the scenes — introduced a flurry of procedural motions that Facciola denied. Choi also filed subpoenas to call 21 government and law enforcement officials, including Secret Service agents, to testify at the trial as defense witnesses. Facciola granted a series of motions by prosecutor George to quash the subpoenas for nearly all of the witnesses Choi sought to call.

At the trial on Thursday, Choi called just four witnesses, two U.S. Park Police officers who played a role in his arrest at the White House fence and two people who supported his defense – lesbian former Army Sgt. Mariam Ben-Shalom and Rev. C.T. Vivian, a nationally recognized civil rights leader and colleague of Rev. Martin Luther King Jr. during the 1960s civil rights movement.

Choi asked Vivian on the witness stand about his philosophy on civil rights and what he thought about Choi’s arrest at the White House. Vivian acknowledged that he was not present at the protest in which Choi was arrested and could not offer an opinion.

“As far as I’m concerned, you were there in my heart,” Choi told him.

Ben-Shalom, who was among the protesters arrested with Choi at the 2010 White House protest, testified that she supports Choi’s First Amendment right to participate in such a protest.

Choi questioned U.S. Park Police Lt. Robert LaChance and Park Police Sgt. Timothy Hodge, who he called as witnesses to discuss the procedures and actions surrounding Choi’s arrest at the White House protest. Both played a role in Choi’s arrest. In response to Choi’s questions, the two said they did not single out Choi for his political beliefs and had no knowledge of whether higher ups at the Park Police sought to target Choi or any of the other protesters for their political views related to DADT.

Choi also pressed the officers on what he has claimed all along – that the order by police directed the protesters to leave the sidewalk in front of the White House when Choi and some of the others were standing on a ledge to which the White House fence is attached. In what Choi and his supporters acknowledge is a technicality, Choi has argued that he could not be legally charged with disobeying an order to leave the sidewalk if he was not on the sidewalk when the order was issued.

Facciola, however, said when handing down his verdict that prosecutor George established sufficient evidence through police witnesses that the order called on Choi and the other protesters to leave the area of the fence, not just the sidewalk.

One of the most dramatic moments of Thursday’s trial session came when Choi played a video, while LaChance was on the witness stand, of the 2009 interview of Choi by Rachel Maddow, in which Choi came out as gay. He said the video would provide evidence helpful to his case.

But with the lights dimmed in the courtroom and the video playing on several screens, Choi began to sob uncontrollably before shouting to the judge, “The defense rests!” He then called on Facciola to immediately begin the closing arguments for the trial.

Facciola responded by calling a recess for lunch, prompting Choi to lie on the courtroom floor yelling and cursing. At Facciola’s orders, two U.S. Marshals lifted Choi from the floor, carried him out of the courtroom and into an elevator. It couldn’t immediately be determined where they took Choi.

But when the trial resumed about two hours later, Choi returned to the courtroom with Ben-Shalom helping him walk. After George delivered her closing argument, Choi delivered a 40-minute closing argument in which he discussed his views on civil rights, religion, the First Amendment, the Iraq war and strife between Iraq’s Shiite and Sunni Muslim factions, among other topics that Choi said touched on his theme of justice and equality.

At various times during the trial and in his closing argument Choi spoke in Arabic.

“The lesson we learned today is we need to start taking care of our activists who are willing to stand up and fight back against injustice,” Ben-Shalom said after the trial ended. “Today we have as pure an example as I can ever come up with about the toll it takes on a human being to stand up and fight back,“ she said.

In addition to Ben-Shalom and Pietrangelo, out-of-town activists who came to the courthouse to support Choi were Ian Finkenbinder of Seattle and Michael Bedwell of San Francisco, who were among those who were arrested with Choi at the 2010 White House protest; marriage equality activists Robin Tyler and Diane Olson of Los Angeles; and California activist Robin McGehee, co-founder of the national LGBT direct action group GetEqual.

Dan Choi, GetEqual, DADT, Don't Ask Don't Tell, gay news, Washington Blade

Dan Choi and other ‘Don’t Ask, Don’t Tell’ repeal activists handcuffed themselves to the White House fence in 2010. (Washington Blade file photo by Michael Key)

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District of Columbia

Capital Pride reveals 2026 theme

‘Exist, Resist, Have the Audacity’

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Capital Pride Alliance CEO and President Ryan Bos speaks at the Pride Reveal event at The Schulyer at The Hamilton on Thursday, Feb. 26. (Washington Blade photo by Michael Key)

In an official statement released at the reveal event Capital Pride Alliance described its just announced 2026 Pride theme of “Exist, Resist, Have the Audacity” as a “bold declaration affirming the presence, resilience, and courage of LGBTQ+ people around the world.”

The statement adds, “Grounded in the undeniable truth that our existence is not up for debate, this year’s theme calls on the community to live loudly and proudly, stand firm against injustice and erasure, and embody the collective strength that has always defined the LGBTQ+ community.”

In a reference to the impact of the hostile political climate, the statement says, “In a time when LGBTQ+ rights and history continue to face challenges, especially in our Nation’s Capital, where policy and public discourse shape the future of our country, together, we must ensure that our voices are visible, heard, and unapologetically centered.”

The statement also quotes Capital Pride Alliance CEO and President Ryan Bos’s message at the Reveal event: “This year’s theme is both a declaration and a demand,” Bos said. “Exist, Resist, Have Audacity! reflects the resilience of our community and our responsibility to protect the progress we’ve made. As we look toward our nation’s 250th anniversary, we affirm that LGBTQ+ people have always been and always will be part of the United States’s history, and we will continue shaping its future with strength and resolve,” he concluded.     

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Capital Pride board member resigns, alleges failure to address ‘sexual misconduct’

In startling letter, Taylor Chandler says board’s inaction protected ‘sexual predator’

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Taylor Lianne Chandler resigned from the Capital Pride board this week. (Washington Blade file photo by Michael Key)

Taylor Lianne Chandler, a member of the Capital Pride Alliance Board of Directors since 2019 who most recently served as the board’s secretary, submitted a letter of resignation on Feb. 24 that alleges the board has failed to address instances of “sexual misconduct” within the Capital Pride organization.

The Washington Blade received a copy of Chandler’s resignation letter one day after she submitted it from an anonymous source. Chandler, who identifies as transgender and intersex, said in an interview that she did not send the letter to the Blade, but she suspected someone associated with Capital Pride, which organizes D.C.’s annual LGBTQ Pride events, “wants it out in the open.”

“It is with a heavy heart, but with absolute clarity, that I submit my resignation from the Capital Pride Alliance Board of Directors effective immediately,” Chandler states in her letter.  “I have devoted nearly ten years of my life to this organization,” she wrote, pointing to her initial involvement as a volunteer and later as a producer of events as chair of the organization’s Transgender, Gender Non-Conforming, and Intersex Committee.

“Capital Pride once meant something profound to me – a space of safety, visibility, and community for people who have often been denied all three,” her letter continues. “That is no longer the organization I am part of today.” 

“I, along with other board members, brought forward credible concerns regarding sexual misconduct – a pattern of behavior spanning years – to the attention of this board,” Chandler states in the letter. “What followed was not accountability. What followed was retaliation. Rather than addressing the substance of what was reported, officers and fellow board members chose to chastise those of us who came forward.”

The letter adds, “This board has made its priorities clear through its actions: protecting a sexual predator matters more than protecting the people who had the courage to come forward. … I have been targeted, bullied, and made to feel like an outsider for doing what any person of integrity would do – telling the truth.”

In response to a request from the Blade for comment, Anna Jinkerson, who serves as chair of the Capital Pride board, sent the Blade a statement praising Taylor Chandler’s efforts as a Capital Pride volunteer and board member but did not specifically address the issue of alleged sexual misconduct.

“We’re also aware that her resignation letter has been shared with the media and has listed concerns,” Jinkerson said in her statement. “When concerns are brought to CPA, we act quickly and appropriately to address them,” she said.

“As we continue to grow our 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,” Jinkerson said in her statement. “We’re doing this because the community’s experience with CPA must always be safe, affirming, empowering, and inclusive,” she added.  

In an interview with the Blade, Chandler said she was not the target of the alleged sexual harassment.

She said a Capital Pride investigation identified one individual implicated in a “pattern” of sexual harassment related behavior over a period of time. But she said she was bound by a  Non-Disclosure Agreement (NDA) that applies to all board members and she cannot disclose the name of the person implicated in alleged sexual misconduct or those who came forward to complain about it.  

“It was one individual, but there was a pattern and a history,” Chandler said, noting that was the extent of what she can disclose.

“And I’ll say this,” she added. “In my opinion, with gay culture sometimes the touchy feely-ness that goes on seems to be like just part of the culture, not necessarily the same as a sexual assault or whatever. But at the same time, if someone does not want those advances and they’re saying no and trying to push you away and trying to avoid you, then it makes it that way regardless of the culture.”    

When asked about when the allegations of sexual harassment first surfaced, Chandler said, “In the past year is when the allegation came forward from one individual. But in the course of this all happening, other individuals came forward and talked about instances – several which showed a pattern.”

Chandler’s resignation comes about five months after Capital Pride Alliance announced in a statement released in October 2025 that its then board president, Ashley Smith, resigned from his position on Oct. 18 after Capital Pride became aware of a “claim” regarding Smith. The statement said the group retained an independent firm to investigate the matter, but it released no further details since that time. Smith has declined to comment on the matter.

When asked by the Blade if the Smith resignation could be linked in some way to allegations of sexual misconduct, Chandler said, “I can’t make a comment one way or the other on that.”   

Chandler’s resignation and allegations come after Capital Pride Alliance has been credited with playing the lead role in organizing the World Pride celebration hosted by D.C. in which dozens of LGBTQ-related Pride events were held from May through June of 2025.

The letter of resignation also came just days before Capital Pride Alliance’s annual “Reveal” event scheduled for Feb. 26 at the Hamilton Hotel in which the theme for D.C.’s June 2026 LGBTQ Pride events was to be announced along with other Pride plans. 

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District of Columbia

Capital Stonewall Democrats elect new leaders

LGBTQ political group set to celebrate 50th anniversary

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From left, Stevie McCarty and Brad Howard (Photos courtesy of Stonewall Democrats)

Longtime Democratic Party activists Stevie McCarty and Brad Howard won election last week as president and vice president for administration for the Capital Stonewall Democrats, D.C.’s largest local LGBTQ political organization.

In a Feb. 24 announcement, the group said McCarty and Howard, both of whom are elected DC Advisory Neighborhood Commissioners, ran in a special Capital Stonewall Democrats election to fill the two leadership positions that became vacant when the officers they replaced resigned.

 Outgoing President Howard Garrett, who McCarty has replaced, told the Washington Blade he resigned after taking on a new position as chair of the city’s Ward 1 Democratic Committee. The Capital Stonewall Democrats announcement didn’t say who Howard replaced as vice president for administration.

The group’s website shows its other officers include Elizabeth Mitchell as Vice President for Legislative and Political Affairs, and Monica Nemeth as Treasurer. The officer position of secretary is vacant, the website shows.

“As we look toward 2026, the stakes for D.C. and for LGBTQ+ communities have never been clearer,” the group’s statement announcing McCarty and Howard’s election says. “Our 50th anniversary celebration on March 20 and the launch of our D.C. LGBTQ+ Voter’s Guide mark the beginning of a major year for endorsements, organizing, and coalition building,” the statement says. 

McCarty said among the organization’s major endeavors will be holding virtual endorsement forums where candidates running for D.C. mayor and the Council will appear and seek the group’s endorsement. 

Founded in 1976 as the Gertrude Stein Democratic Club, the organization’s members voted in 2021 to change its name to Capital Stonewall Democrats. McCarty said the 50th anniversary celebration on March 20, in which D.C. Mayor Muriel Bowser and members of the D.C. Council are expected to attend, will be held at the PEPCO Gallery meeting center at 702 8th St., N.W.

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