I liked it better when it was “Stop whining,” “Wake up,” “Get over it,” and “Get in gear.” Easy to see why they’ve brought this back — it worked so well for them in 2010.

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.”

The US economy managed to create virtually zero jobs during August, leaving the unemployment rate at 9.1 percent. And revised estimates lowered the number of jobs created in July. With the GOP Congress and the Obama White House still paralyzed by mindless deficit hysteria and unwilling to fund any credible effort to create jobs, the economy is stalled.

I’ll be at the 3pm demonstration at the White House today with Naomi Klein, Bill McKibben and others, and I hope to be livestreaming the event. Cross your fingers they’re not vindictively arrested by the Park Police on behalf of a thin-skinned government.

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.

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.

John Chandley, Dan Choi and Bill McKibben are spending tonight in jail again so that the government can send a message to you on behalf of the oil companies. They don’t want you to come to Washington for the next two weeks and overburden the DC jail system by throwing your body upon the gears, to quote Mario Savio. They hope you will look at what is happening to John and Dan and Bill and be intimidated and discouraged.

There were 45 more people today who refused to be discouraged. They watched what happened to Dan and John and Bill and were willing to get arrested anyway, in the hope of “lighting a fire” under the world.

Are you discouraged?