Transcript of Dan Choi Trial, Day 3: DoJ Files Writ of Mandamus Against Judge Facciola

By: Wednesday August 31, 2011 5:09 pm

At the beginning of Day 3 of the government’s case against Dan Choi, the defense filed a motion to compel production of certain documents. Among them was a Secret Service email sent the day before Choi’s arrest on November 15, 2010 for chaining himself to the fence of the White House with 12 others in order to protest Don’t Ask, Don’t Tell. Defense attorneys Robert Feldman and Norman Kent asserted that there was a coordinated effort among federal agencies to use the power of the government to single out Choi and persecute him in order to silence him. Judge John Facciola decided in favor of the defense, saying that he believed a prima facie case had been made that the government was engaging in “vindictive prosecution” of Choi.

Assistant US Attorney Angela George asked for a recess while she conferred with her supervisors at the Department of Justice. Following a 2 hour break, the trial resumed. There were four Supervising US Attorneys present as George informed the Judge that she was filing a writ of mandamus to prevent him from allowing Choi’s attorneys to present a defense of “defensive prosecution” or “vindictive prosecution.”


Weiner Moves Up, Challenges Massa For #3 Spot as 2010 FDL Fire Dog

By: Monday February 8, 2010 11:58 am

Vote now for the 2010 FDL Fire Dogs

Today Anthony Weiner moves past Raul Grijalva and challenges Eric Massa for the third spot as a 2010 FDL Fire Dog. With two days left to go, there are only 151 votes separating them.

And the third day totals for the FDL Fire Dogs are: