In our response to the government’s petition for Writ of Mandamus, we argue that there are no grounds for relief and that the elements for filing a Mandamus Writ have not been met. The Government could have appealed Judge Facciola’s finding of prima facie proof of vindictive or selective prosecution instead of issuing the Writ; further the Government is not irreparably harmed by Facciola’s finding because the government had multiple opportunities to develop a case that would rebut any selective or vindictive prosecution defense put forth by the Choi legal team.

An email chain turned over by the Department of Homeland Security in response to a subpoena in the Dan Choi case reveal that it was the White House that tipped off the Secret Service with the information that 3 days later there would be a DADT protest in front of the White House. Brian Bond, Deputy Director of Public Engagement, sent an email to then-Deputy Chief of Staff Jim Messina, Dan Pfeiffer, Melody Barnes, Tina Tchen, Dan Pfeiffer, Shin Inouye and others telling them he had it on “pretty good authority” that “Choi will be a part of it.”

Hey, Al Gore! Come on down to the White House fence where the Tar Sands protesters were arrested and dare Obama to arrest you!

As one of the thirteen people who handcuffed themselves to the White House Fence on 15 November 2010, I have been following the trial of Dan Choi with much interest; he has been in my thoughts and prayers through this whole ordeal. The reason I handcuffed myself to the Fence was to draw attention to an unjust law that has destroyed the careers of countless members of the U.S. Armed Forces, simply because they are members of a minority group.

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.

In a remarkable turn of events, the Department of Justice has elected to file a writ of mandamus to prevent Judge John Facciola from allowing Dan Choi to offer a “selective prosecution” or “vindictive prosecution” defense. The government elected to pursue federal charges against Choi and 12 others for chaining themselves to the White House fence on November 15, 2010 to protest Don’t Ask, Don’t Tell.

After a day off Sunday because of Hurricane/Tropical Storm Irene, the Tar Sands Action in front of the White House will resume with more arrests expected Monday. On Saturday, protest supporters assembled in front of the White House, but as planned, did not force arrests. However, the sit-ins and arrests should resume Monday.

It’s going to be a big day on FDL. Pam’s House Blend officially joins us starting today, I’ll be in court with Lt. Dan Choi who is being put on trial by the Justice Department for protesting in front of the White House last November, and Bill McKibben will be coming to court to support Dan after day 10 of the Tar Sands sit-ins conclude. I can’t have electronic devices in the court room but I’ll be posting updates on Twitter and here at FDL as I can throughout the day.

In May of this year, thousands of people gathered at the White House to spontaneously celebrate the death of Osama bin Laden. The Park Police did not ask them for a permit, did not ask them to disperse, and there were no paddy wagons called to haul them away. Of course killing Osama bin Laden was something the President repeatedly spoke of with pride, earning himself not only a bump in his poll numbers but also a Saturday Night Live send-up.

As I sat in DC traffic court waiting for Dan Choi to be released from jail on Monday, it became clear that the objective of the government was to prevent him from doing what the Osama bin Laden celebrants had been freely permitted to do: express their first amendment rights in front of a powerful American symbol owned by the American people.

Bill McKibben, Citizen of Eaarth, was released from jail in DC today and greeted by our own Jane Hamsher and Lt Dan Choi. Bill had this statement upon his release…