Dan Choi's Trial Suspended

In November noted DADT activist Dan Choi was arrested with a dozen others after failing to comply with a police order to unshackle themselves from the White House fence. All of those arrested accepted a plea bargain agreement with sentences of six months probation. But not Choi, whose trial on the charge began this week. Yesterday the trial's judge suspended the proceedings after the federal government was accused of malicious prosecution. According to his lawyer, Choi was arrested because of the subject of his protest, not his actions.

Magistrate Judge John M. Facciola said the testimony presented at trial suggested that "the nature of his speech or what he said," meant Choi was prosecuted differently, according to a transcript of the proceedings. As a result of Facciola's statements, an attorney for the government, Angela George, said she planned to have the judge's actions reviewed by higher authorities, and Facciola put the trial on hold for 10 days. In papers filed with the court, George says Choi was treated no differently than other similar protesters. One of Choi's attorneys, Robert Feldman, said he believed that the judge's comments Wednesday mean his client has "effectively won the case" and that the charges against him will ultimately be dismissed.

According to one report, the decision to arrest Choi was made before the protest even began. He's gonna win this thing.