Dan Choi has been on trial in Washington since Monday. The trial stems from a protest in 2010 during which Choi, along with other activists, handcuffed themselves to the White House fence. All the other activists arrested chose to plead guilty in exchange for no jail time. Choi was the only one that chose to go to trial over the charges.
Now, developments involving the treatment of Choi, particularly in light of the end of Don’t Ask Don’t Tell (DADT officially ends on September 20th), have hinted at a dismissal.
On Wednesday, the judge presiding over the current case said he believes Choi has shown, at least preliminarily, that he is being treated differently because of the subject of his protests: “don’t ask, don’t tell.” President Barack Obama put an end to the policy in July. As of Sept. 20, gay service members will be able to acknowledge their sexual orientation openly.
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.
