Via Facebook comes this exciting development from Dan Choi’s website:
After one and a half years of criminal trial looming over my head, a totally unconstitutional “stay away” restraining order from the 1600 Pennsylvania Ave (The White House) and too many friends telling me not to fight back, the Judge dismissed the case. Forever.
Judge Juliet McKenna, Associate Judge of DC Superior Court sternly rebuked the prosecution and the many prosecutors in the audience that such sloppy mistakes and unjust outcomes are unacceptable. (Prosecutors contend it was a sloppy mistake and hide behind the different research methods they use to target certain defendants and not others.)
Another interesting development: The judge did indeed find a sufficient basis to hear the testimony of the prosecutor himself, as it related to a LIMITED selective prosecution claim. As it was so limited, the only evidence she would hear was the prosecutor. Polished and well rehearsed, the Assistant Attorney General Farrelly seemed to convince the judge he just screwed up. Although this limitation prevented us from diving into the true political motivations of keeping protestors away from the White House, I am happy the numerous prosecutors who rallied to support the Government’s case learned that some defendants in Free Speech cases do not give up.