Source:
Metro WeeklyChoi Trial Put on Hold After Judge Allows "Vindictive Prosecution" Defense
Posted by Chris Geidner |
August 31, 2011 3:40 PM |
With reporting from court by John Riley.
The third day of the U.S. government's trial of former Lt. Dan Choi ended with a 10-day delay for the government to seek an order from a higher court stopping the decision made today by U.S. Magistrate Judge John Facciola to allow Choi's lawyers to argue the government singled out Choi for "vindictive prosecution."
Facciola said this morning that he had found there was prima facie evidence for "vindictive prosecution," meaning enough evidence was presented to allow Choi's lawyers to pursue such a claim. As a result, Choi's lawyers would be able to ask for more documents and evidence from the government in order to investigate if higher-level officials advised their subordinates to try Choi in federal court rather than D.C. court and, if so, why.
The government, represented in court by Assistant U.S. Attorney Angela George, told the court that it would be filing a writ of mandamus (or a writ of prohibition) against the judge -- seeking to stop the pursuit of the "vindictive prosecution" defense.
Read more: http://www.metroweekly.com/poliglot/2011/08/choi-trial-put-on-hold-after-j.html