Yesterday Lt. Dan Choi and Capt. Jim Pietrangelo–the two gay soldiers who in an iconic move chained themselves to the White House fence this Spring–served the President… with a subpoena. You remember the exclusive pictures here at Feast of Fun, and the “Choi Chained” headline. I know you do. Now they’re making the bold move of calling the President as a witness in their July 14th trial.
Pietrangelo and Choi’s lawyers jointly released a memo with a rationale for the move:
“[Choi and Pietrangelo] seek to compel the testimony of President Barack Obama who has, on several occasions as President and Commander in Chief (and previously as a Senator and Presidential Candidate) called on the LGBT community to “pressure” him to change the DADT law and policy, thus allowing gay servicemembers to serve their country openly and honorably.
“The subpoena of the President is necessary for the defense to prove that Defendants were following and obeying lawful orders or directives by their President and Commander in Chief, and were therefore under an obligation and authority to act as they did in order to pressure him – in a non-violent, visible way – on this important public issue. In addition, these statements support the contention that Defendants were acting out of necessity, in order to prevent discrimination and greater harm to gay servicemembers now serving.”
The Process Server was apparently turned away at the White House gate. Both lawyers have contacted White House legal counsel’s office for advice on how to proceed.
Don’t expect to see the President at a “Don’t Ask, Don’t Tell” trial of the Century anytime soon. It would likely take an act of the widely apathetic Congress to force the President to testify. Still, the prospect of calling the president in as a witness is slightly delicious. I think next time I’m in court for a ticket, I’m calling the President in as a Defense witness, and have my charges dismissed on grounds of insanity.
Get ready to salute ‘Don’t Ask, Don’t Tell’ goodbye
Alan Bounville and other activists get arrested at White House again
Stories from the front lines: letters to Barack Obama from gay soldiers
PHOTOS: Choi Chained Part Two: The Revenge!

