Here's Why The Government Dropped The Charges Against Choi And Pietrangelo

Metro Weekly's Chris Geidner tells us why the government dropped the charges against Lt. Dan Choi and Capt. James Pietrangelo. According to a DC spokesman, it mostly had to do with the fact that they were standing on a ledge.

''While chained to the fence, the defendant was standing on a ledge – NOT – the sidewalk. As such, he was not blocking pedestrian traffic," Hobson wrote. "Once that was realized, the focus of the investigation shifted to what happened immediately prior to his handcuffing himself (i.e., was he blocking the sidewalk at that time and did an officer ask him to move on). After interviewing law enforcement, it was determined that the defendant had not been asked to move on at that point. Therefore, he could not be prosecuted for any activity prior to the handcuffing either.''

The White House claims they did not intervene in the case.

WASHINGTON: Charges Dropped Against Lt. Dan Choi And Capt. James Pietrangelo

Rather than face the public scrutiny of the so-called repeal of DADT, today the government abruptly dismissed the charges against Lt. Dan Choi and Capt. James Pietrangelo moments before the trial was to get underway. Both men were charged with "failure to obey a lawful order" after handcuffing themselves to the White House fence earlier this year. Reportedly the arresting officers and Secret Service witnesses were in the courtroom ready to proceed when somebody, somewhere, intervened.

Joe Sudbay at AmericaBlog has this quote from Paul Yandura, who was in the courtroom: "It's clear that they were embarrassed that we were going to expose the fiction that repeal is finished or imminent. They were embarrassed that we subpoenaed the President and were going to use his words. It's clear that civil disobedience was the winner today."

President Obama Subpoenaed By Lt. Dan Choi And Capt. Jim Pietrangelo

Here's the subpoena of President Obama as promised last week by Lt. Dan Choi and Capt. Jim Pietrangelo. The pair claims that by chaining themselves to the White House fence, they were only following the instructions of the president when he pledged to overturn DADT. Full size PDF here. (Are subpoenas usually hand-written?)

Lt. Dan Choi & Capt. James Pietrangelo Subpoena Obama Over White House Arrest

Ben Smith reports at Politico:

The gay soldiers arrested outside the White House protesting "Don't Ask, Don't Tell" will announce today that they're demanding that President Obama testify in their trial on minor civil disobedience charges. Their novel argument: Obama himself called on gay rights advocates to pressure him, so they were just following orders. "Don't Ask" has energized gay rights activists frustrated with the White House's deliberate pace, even as Democratic leaders are frustrated with continued protests, as repeal is on track for next year.

Read a statement from their lawyers here. An excerpt:

The subpoena of the President is necessary for the defense to prove that Defendants were following and obeying lawful orders or directives by their President and Commander in Chief, and were therefore under an obligation and authority to act as they did in order to pressure him - in a non-violent, visible way - on this important public issue. In addition, these statements support the contention that Defendants were acting out of necessity, in order to prevent discrimination and greater harm to gay servicemembers now serving.

Choi & Pietrangelo End Hunger Strike

Lt. Dan Choi and Capt. James Pietrangelo have ended their hunger strike against DADT after seven days. But they note below that they plan to resume their fast again in the future.

The fast of the past seven days has been a success because people have been educated to the use of fasting as a tool to bring attention to a set of clear political and social demands. Tonight, we will end the fast knowing that the inadequacies of the ‘compromise’ to end ‘Don’t Ask, Don’t Tell’ are well known. Our quest to end the discharges, stop the insulting study, and institute a non-discrimination policy is not over. In the coming weeks, we will prepare to resume our fast and will provide many ways for those who believe in uncompromising justice to join us. On a personal note, we have learned a great deal about the proper planning involved in fasting. We appreciate the concerns that many have expressed. When this fast is resumed, we will be using the proper safeguards to ensure our health is properly attended to. Everyone that considers fasting for an extended period of time must also take proper precautions.

When the hunger strike began, it was made clear that the protest was being done outside of the pair's involvement with GetEQUAL.

On The Rise Of GetEQUAL

From heckling the president, to congressional sit-ins, to chaining themselves to the White House fence, not since ACT-UP has an activist group shaken up our world as GetEQUAL has. Today Andrew Harmon and Kerry Eleveld have posted a lengthy dissection of GetEQUAL for the Advocate. An excerpt:

Although GetEqual appears to have sprung up from nowhere and arrived with haste, the group is an amalgamation of grassroots passion, Beltway savvy, and well-heeled support. Conceived out of a desire to revive the legacy of civil disobedience as exemplified by the civil rights movement and the AIDS Coalition to Unleash Power (ACT UP), the group has both directed and inspired a spate of protests by activists nationwide. Its members have taken on the Fred Phelps “God Hates Fags” clan, disrupted congressional committee meetings, and heckled President Barack Obama at Democratic fund-raisers, as Kip Williams, who founded the group with McGehee, did last week, leading to his second arrest since GetEqual’s founding.

Along the way, they’ve have been portrayed as “rude, rash and paranoid, and virtually impossible to please” — words used to describe ACT UP members in a 1990 New York Times story. The historic compromise vote in the House and the Senate Armed Services Committee to begin the process of DADT repeal did little to modulate GetEqual's communiqués: "We keep asking the question, 'When will the military discharges end?' and have not yet received an answer from the legislative or executive branches," one recent release reads. "It is the President’s moral responsibility to issue an executive order banning the firings under 'don’t ask, don’t tell' until the process can play itself out."

McGehee says she’s certain that GetEqual is helping to fill a void, however intransigent the message may seem. “We’ve heard from the top political advisers all the way down to organizational figureheads that we need to have both roles in the movement, from the suites of power to streets of activism,” she says. “Without the street pressure, political insiders would not have made the gains they have.”

Read the entire article.

Lt. Dan Choi & Capt. James Pietrangelo's DADT Hunger Strike Now In Fifth Day

This video was recorded yesterday. Choi is noticeably weaker.

Choi & Pietrangelo Begin Hunger Strike

Lt. Dan Choi and Capt. James Pietrangelo have begun their hunger strike in response to the compromise plan to repeal DADT.

At 10:30pm Thursday night, at a private home in Northwest Washington D.C., Lt. Daniel Choi and Captain Jim Pietrangelo began what could potentially be a lengthy hunger strike. In another part of the house, the TV was tuned to C-SPAN, but the two were not watching as the House approved an amendment to the Defense Authorization bill that would overturn the 17 year law banning gays and lesbians from serving openly in the military. It was clear to many, earlier in the day, that it would pass. Choi, a West Point graduate, fluent Arabist and Iraq veteran, said that he and Pietrangelo have three demands for President Obama. “Stop firing people, stop the study that insults everything America is by considering the question of whether or not discrimination is American, and replace the current military discriminatory policy with comprehensive non-discrimination policies,” he told Newsweek.

Dan Choi: "I hope that people will remember in future generations that somebody did stand up uncompromisingly in 2010."

Lt. Dan Choi & Capt. James Pietrangelo To Start DADT Hunger Strike

According to a press release issued overnight, Lt. Dan Choi and Capt. James Pietrangelo will begin a hunger strike to protest the compromise DADT repeal proposal.

FASTNG FOR EQUALITY & DIGNITY STATEMENT BY DAN CHOI

Immediately following congressional mark-ups on the National Defense Authorization Act 2011, Captain James Pietrangelo and I will commence a fast in pursuit of Equality and Dignity. We have three demands of President Barack Obama.

DEMAND #1: End the Comprehensive Working Group "Study," which insults the dignity of all Americans.

DEMAND #2: End "Don't Ask Don't Tell" discharges forever.

DEMAND #3: Replace all discriminatory regulations in the military with a comprehensive non-discrimination policy.

This action is not organized in the name of any organization.

Choi's Twitter feed also warns of more protests.

Not Guilty, Not Ashamed, And Not Finished

The above was Lt. Dan Choi's court plea just now as tweeted by MetroWeekly. After pleading not guilty, both Choi and Capt. Jim Pietrangelo, pictured above just after their release, will face an April 26th trial date. I'll have photos from the court appearance as soon as possible. Reportedly both men were brought in wearing cuffs and leg irons.

UPDATE: Via Joe Sudbay at AmericaBlog, here's Choi with Pietrangelo, talking about their arrest and night in jail. Choi makes a thinly veiled complaint about the HRC: "We may be been caged physically, but the message is clear to those that think equality can be purchased with a donation or with a cocktail party."

(Photo via Robin McGehee)

DADT Protest Underway In Times Square

Here's an early shot of the DADT protest getting underway in Times Square, via JMG reader Scott. That's rainbow flag creator Gilbert Baker on the right, getting ready to unfurl one of his banners. Just to Baker's left is Oscar-nominated art director Charley Beal.

Today At Noon In Times Square: Stand In Solidarity For Choi & Pietrangelo

Via Queer Rising:

In an act of civil disobedience, Lt. Dan Choi and Capt. Jim Pietrangelo and Robin McGehee have been arrested at the White House gates on Thursday while protesting the military's "Don't Ask, Don't Tell" policy. We are in solidarity with Choi, Pietrangelo, Robin McGehee and all other protesters nationwide. Join us as we protest the Army Recruitment center in Time Square for not allowing LGBTQI citizens the right to join the military.

The protest starts at noon and is slated to run until 2pm. If you're near midtown, try and swing by on your lunch hour. At this writing, Choi and Pietrangelo are still in custody. And something fishy appears to be going on. Via AmericaBlog:

We have more information. This is increasingly disturbing. It increasingly looks as though someone has decided to play hardball with Dan and James. The Park Police say that Dan is not being released on bail. Dan also has not made his phone call to the person designed to pay his bail - the person's phone number is written on Dan's arm, so there's no chance he doesn't have it. That means that Dan apparently is not being permitted a phone call, and thus not being permitted to have anyone pay his bail. Why not? We have just learned that Dan is in fact being charged with "failure to obey a lawful order," yet that charge usually means you get processed, you pay bail, and you leave. Then why are they not letting Dan Choi leave, but instead are holding him to be arraigned? Why are they apparently not permitting Dan his phone call?

(Photo via Pam's House Blend)

The HRC Wants You To Know Their Side

Concerned about the "Lt. Dan Choi Kanye'd the HRC" story being reported on some blogs (including this one), the HRC has posted the following elaboration of their earlier comment.

Singer Tom Goss kicked off the event followed by the first American wounded in the Iraq war, retired Marine Staff Sgt. Eric Alva. Also speaking were Ben Mishkin of Servicemembers Legal Defense Network and Alex Nicholson of Servicemembers United. Finally, Kathy Griffin took to the stage, talking about her experiences this week in Washington, welcoming Lt. Dan Choi to the stage to make a few remarks and then calling for a moment of silence to honor our troops who serve in silence.

There’s been some confusion about Lt. Dan Choi’s role in the rally. As Joe Solmonese was walking to the stage, Lt. Choi asked Joe if he could have a speaking role. Joe explained that it wasn’t his sole decision to make on the spot given that there was already an established program that included Kathy Griffin, other organization and veterans. After Choi then spoke with Kathy Griffin, she agreed to bring him up on stage and speak to the crowd during her remarks.

So basically, it appears that it was Kathy Griffin who made the call to override Joe Solmonese and bring Choi to the podium. Good for her. I have to wonder why a DADT protest in the nation's capital wouldn't have included the nation's most famous and well-spoken gay veteran in the first place. (Not to disparage Sgt. Eric Alva in the least, whom I think is fantastic.)

UPDATE: John Aravosis at AmericaBlog says the HRC statement is "utterly untrue."

That is simply untrue. I was there, standing next to Dan, about 10 feet from Kathy Griffin and Solmonese. They were behind a rope line, to keep them from the rally attendees. They looked over at Dan when he asked them, for the second time, to come with him to the White House (mind you, they had no idea that he was planning to handcuff himself), and they just stared back at him. They were not helping engage the rally about how to build pressure - the rally was over, they were already off the stage, behind it actually, getting ready to leave behind a secure rope line to separate them from the crowd. I'm sorry, but this statement is flat out untrue. They were getting their photos taken. Unbelievable.

UPDATE II: It looks like Choi and Capt. Jim Pietrangelo will be spending the night in jail.