WASHINGTON, D.C. Only 23 hours before Lt. Dan Choi's scheduled criminal hearing, Magistrate Judge Elizabeth C. Wingo, recused herself. The recusal and unprecedented delay is based upon Lt. Choi's motion related to Government Misconduct. Over 30 officials, including Former Press Secretary Robert Gibbs and Former White House Deputy Chief of Staff Jim Messina were subpoenaed to testify about their political roles in the Repeal of Don't Ask Don't Tell (2010) and the Tarsands Keystone XL Pipeline Protests (2011).
Lt. Choi has been on trial for over one year and is prohibited from stepping foot on the White House Sidewalk. Lt. Choi's attorney, former Army JAG Officer Capt. James E. Pietrangelo II, remarked "there is something very wrong here. We subpoenaed White House Officials and all of a sudden the hearing is cancelled." Professional Process Server Mr. Daniel Portnoy of D.C. Legal Process has "never seen this before in over 700,000 high level subpoenas served in over a decade."
The hearing tomorrow is cancelled, incurring Lt. Choi over $5,000 in legal preparation and travel fees.
Lt. Choi is still on trial for protesting Don't Ask Don't Tell in federal court, and a hearing in that separate case is still set for October 17, 2012. Further details about the rescheduling of the vacated Tarsands Case will appear on this site. The Tarsands case will likely go before the Chief Judge of the Superior Court, Chief Judge Lee Satterfield, unless he reassigns it.