Choi Trial Put on Hold After Judge Allows "Vindictive Prosecution" Defense

[kpete]

Source: Metro Weekly

Choi Trial Put on Hold After Judge Allows "Vindictive Prosecution" Defense
Posted by Chris Geidner |
August 31, 2011 3:40 PM |
With reporting from court by John Riley.

The third day of the U.S. government's trial of former Lt. Dan Choi ended with a 10-day delay for the government to seek an order from a higher court stopping the decision made today by U.S. Magistrate Judge John Facciola to allow Choi's lawyers to argue the government singled out Choi for "vindictive prosecution."

Facciola said this morning that he had found there was prima facie evidence for "vindictive prosecution," meaning enough evidence was presented to allow Choi's lawyers to pursue such a claim. As a result, Choi's lawyers would be able to ask for more documents and evidence from the government in order to investigate if higher-level officials advised their subordinates to try Choi in federal court rather than D.C. court and, if so, why.

The government, represented in court by Assistant U.S. Attorney Angela George, told the court that it would be filing a writ of mandamus (or a writ of prohibition) against the judge -- seeking to stop the pursuit of the "vindictive prosecution" defense.



Read more: http://www.metroweekly.com/poliglot/2011/08/choi-trial-put-on-hold-after-j.html

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[WhiteTara]

1. Good Luck Dan Choi! n/t

[Tx4obama]

2. Choi turned down a plea deal last Friday before the trial began

Excerpt:

SNIP

Twelve other demonstrators arrested with Choi previously accepted deal with prosecutors, agreeing to plead guilty in federal court but serve no jail time if they were not re-arrested within four months. Feldman said his client rejected a similar plea deal prosecutors offered Friday, though he would not have had to plead guilty.

SNIP

http://www.huffingtonpost.com/2011/08/29/dan-choi-trial-dadt-white-house_n_941287.html

[TriMera]

5. The government also had the opportunity

to dismiss the charges and they didn't. What is your point?

[RaleighNCDUer]

6. WTF does that mean?

If there was no guilty plea on the table, what was the deal? What is "similar to" guilty plea for probationary period which does not include a guilty plea? Shut up and go away, and we won't prosecute?

[No Elephants]

3. D of J could appeal, but instead are going for a very unusual remedy, writ of mandamus.

[yardwork]

7. Sounds a little vindictive to me.

[Solly Mack]

4. K&R