For those following the trial of Lt. Dan Choi: CHARGES DISMISSED!!

[WilliamPitt]

Via email:

===

CHARGES DISMISSED!

After one and a half years of criminal trial looming over my head, a totally unconstitutional "stay away" restraining order from the 1600 Pennsylvania Ave (The White House) and too many friends telling me not to fight back, the Judge dismissed the case. Forever.

Judge Juliet McKenna, Associate Judge of DC Superior Court sternly rebuked the prosecution and the many prosecutors in the audience that such sloppy mistakes and unjust outcomes are unacceptable. (Prosecutors contend it was a sloppy mistake and hide behind the different research methods they use to target certain defendants and not others.)

Another interesting development: The judge did indeed find a sufficient basis to hear the testimony of the prosecutor himself, as it related to a LIMITED selective prosecution claim. As it was so limited, the only evidence she would hear was the prosecutor. Polished and well rehearsed, the Assistant Attorney General Farrelly seemed to convince the judge he just screwed up. Although this limitation prevented us from diving into the true political motivations of keeping protestors away from the White House, I am happy the numerous prosecutors who rallied to support the Government's case learned that some defendants in Free Speech cases do not give up.

Successful Selective Prosecution claims are rare because most lawyers refuse to submit them. That was the case for me until my friend, fellow activist, former Army JAG Capt. Jim Pietragelo II, Esq. decided to help me file one.

Now, the exceedingly rare has happened twice in my protest journey. (Judge Facciola in Federal Court found a prima facie case for vindictive prosecution last year in my DADT fight.) A prima facie finding basically means the judge decided I have a significant case for selective prosecution. It's higher than a colorable basis
or other related findings. This is significant.

Out of 1,253 environmental protestors Lt. Choi was targeted for trial and jail. Out of 65 first-day protestors Lt. Choi was targeted for trial. Out of 3 charged, Lt. Choi was disallowed "post-and-forfeit" diversion.

The prosecution wasted thousands of hours and dollars on this free speech circus. Now the Stay Away Restraining Order is lifted. I am free to help protestors for any worthy causes make their voices heard. Today we define justice as a verb. For in the very pursuit, there is justice.

Thank you to the Law Offices of Jon W. Norris, The Law Offices of Lynne Bernabei, Attorneys Mark Goldstone, Ann Wilcox, CPT James E. Pietrangelo, Arthur Spitzer of DC ACLU, and everyone of the lawyers who stepped up to help. To those who did not, Let's see what we can all do, together, to enact justice from this time forward. I appreciate the work of the prosecutors as well, for they do serve a very important purpose in our society. Thank you for your service. (emphasis from original email)

One more trial: The Don't Ask Don't Tell Criminal Case still languishes in Federal Court.

Love is still worth fighting for.

Sincerely,

Lt. Dan Choi

[Fumesucker]

1. K&R

[PoliticAverse]

2. Congrats to him. n/t

[JohnnyLib2]

3. Really good news in a really bad week.

K & R

[MotherPetrie]

4. Yay!!!! K&R

[madfloridian]

5. Thanks for that post. It's about time.

[ChisolmTrailDem]

6. Great news! eom

[HowHasItComeToThis]

7. BRAVO

[spanone]

8. k&r...

[idwiyo]

9. K&R best news I saw today

[sdfernando]

10. Great news! /NT

[dmr]

11. Awesome! It's about damn time.

I hope he has a wonderful life.

[Sherman A1]

12. K&R

[valerief]

13. Terrific news! nt

[Duval]

14. Finally!! n/t

[Smilo]

15. Wonderful news.

Thanks for posting

[trailmonkee]

16. .

[LoisB]

17. Good news

[ReRe]

18. What the world needs now,

K&R

Is love sweet love,
not just for some,
but for EVERYONE!

Congratulations to Lt Dan Choi on his 1st hurdle. Hope the next one turns out in his favor too!

[annabanana]

19. This is great.. And well deserved. . .n/t

[blackspade]

20. Fuck yeah!

[forestpath]

21. GOOD. Very happy to hear this. It's a travesty he was ever put through this ordeal!

[WillyT]

22. K & R !!!

:

[mountain grammy]

23. Good news of the day.

[DonCoquixote]

24. I guess the moral arc of the universe

does go towards justice.

[mythology]

39. Indeed it does

but sometimes it has to be dragged kicking and screaming toward justice.

[merrily]

43. On occasion, yes.

ETA: He lost his chosen career and has been put through hell for a few years maliciously and selectively. And after a few years, he doesn't get punished anymore, but he does not get his chosen career back, either.

I don't know if that is justice by everyone's definition of justice.

Maybe he will get to sue and get big bucks from taxpayers? I am not sure that would be justice, either.

Will the people who actually did this to him being held personally accountable in any way, apart from some harsh words from the judge? I don't think so.

[Bluenorthwest]

25. Nice to see Lt Choi respected on DU. It has not always been that way.

Memory lane:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=433x700029

http://www.democraticunderground.com/discuss/duboard.php/www.scn.org/harveywasserman.com/duboard.php?az=view_all&address=437x3501

http://betterment.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x1363887

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=439&topic_id=285975&mesg_id=285975

[WilliamPitt]

27. Wow

All due respect, but...

Either:

1. You hoard links to DU posts that piss you off and have them cataloged for easy reference and reprint, or;

2. You took the time to go find all those DU2 posts.

I have this:

3. It's a web forum swarming with asshole opinions. Don't take it so seriously.

[rhett o rick]

34. What is your point? nm

[handmade34]

26. !!

had the pleasure of joining him at a protest in DC last year

[gateley]

28. Thank you! I hadn't been following, but this makes me so happy! I LIKE him so much!

[Gregorian]

29. Great news! I'm having an intermission from the 1935 Les Miserables movie. Yay!

That's a good present.

[dsc]

30. good for him

Selective prosecution is damn hard to win. I might bookmark this thread just in case I ever need a good defense lawyer since those ones must be geniuses.

[Jefferson23]

32. I agree, they're impressive to say the least. n/t

[Jefferson23]

31. All the best to Lt. Dan Choi. K&R

[rocktivity]

33. SIR! CUE THE VONAGE THEME, SIR!

rocktivity

[myrna minx]

35. Excellent. K&R n/t

[Overseas]

36. K&R. Glad to hear it.

[kelliekat44]

37. HOORAY!!!!! nt

[Spitfire of ATJ]

38. Love this guy....

[patrice]

40. K&R !

[woo me with science]

41. K&R!

[grahamhgreen]

42. Great! Now go run for office!

[npk]

44. Congrats, Choi. n/t