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Next entry: Jesse Helms, gay rights advocate? That’s what his estate says Previous entry: Peter out or get crazier?

Video: Lt. Dan Choi didn’t get that phone call while detained in the DC jail

Legal IssuesLGBTMilitary

(As A diarist at my pad noted that Dan also had words for Kathy Griffin and HRC.)

“I asked seven or eight times to speak with a lawyer. I was not given a phone call. I was called a liar by one officer.”
—Dan Choi, on what really happened during that night in jail after White House protest, to Newsweek.

In this week’s Newsweek, Eve Conant has a writeup of what occurred last week when Lt. Dan Choi and former Army captain Jim Pietrangelo did their White House protest against the slow-mo action on DADT repeal.

Lt. Dan Choi, a West Point graduate and fluent Arabist being discharged from the Army for being openly gay, was arrested last week along with former Army captain Jim Pietrangelo II, after handcuffing themselves to the White House gate in protest of Don’t Ask, Don’t Tell. They were handcuffed with the help of Robin McGehee, a former PTA president turned activist who last week cofounded GetEQUAL, an LGBT activism group inspired by civil-rights organizations and gains made through civil disobedience. “We’ve held marches, lobbied, manned the phone banks,” says McGehee. “The last resort is to rumble.”

Along with Conant, I was in the D.C. Superior courtroom reporting on the arraignment, as was Joe Sudbay of Americablog. Conant scored an interview with Dan; the most newsworthy bit in the piece is that she confirms what I also learned from him:

What was it like in jail? Were you at all scared at where this might be headed?
I’ve detained people in Iraq, I’ve read them their rights, and I’ve applied handcuffs and zip ties. I’ve talked with people in Arabic who’ve just been arrested. I know what it means to arrest someone for my country’s mission. But I’ve never been incarcerated, and for something that I thought was not my country’s mission. I know my country’s mission is not to make an entire group of people into second-class citizens.

I asked seven or eight times to speak with a lawyer. I was not given a phone call. I was called a liar by one officer; I was scoffed at by another one. But there were others who wanted to talk with me about their service. The first time I saw a lawyer was in the courtroom, and I didn’t know who he was and I couldn’t understand what he was telling the judge at first. I asked him, “Did you just plea for me?”

Both men pleaded not guilty and are preparing to stand trial. They have to appear with attorneys on April 26, before the same judge who helmed the arraignment.

Here’s a video—with exclusive footage—that sums up the action and confirms Newsweek’s account.

More below the fold.
As an aside—readers may not be aware that last month, Dan Choi stepped down as a spokesperson for KnightsOut, the group of LGBT alumni of the U.S. Military Academy at West Point, so his personal activism is now through GetEQUAL.org, which also sponsored the Pelosi ENDA protests.

There has been an interesting response privately and publicly by members of the military community. While I spoke with some at the SLDN dinner who were supportive privately, many are publicly opposed to the direct action or fall into the “he is entitled to his belief and approach” kind of comment.

Here are a few remarks from the founding board members of
Knights Out:

Becky Kanis, West Point ‘91. Kanis is a former Captain and commanded two companies in Army Special Operations.:

“While we at Knights Out are heartened by the progress that’s being made on repeal of the ‘Don’t Ask, Don’t Tell’ policy, and we don’t support Lieutenant Choi’s tactics, I think we can understand his impatience. Dan is a passionate, idealistic young man. I think Dan feels, more keenly than most, the clock running out on the military careers of gay and lesbian Soldiers.”

Founding Board Member Dan Manning, West Point ’04. Manning, with Paul Morris, West Point ’80, originally put together the Founding Board for Knights Out in February, 2009:

“I’ve known Dan Choi since we were at West Point together. He is one of the most dynamic people I know, and that’s why we insisted on getting him on the Knights Out Board when we started. Dan doesn’t do anything half-hearted – even when you don’t agree with him, you have to recognize his commitment to what he believes in.”

Communications Director and Founding Board Member Sue Fulton, West Point ‘80. Fulton, a former Captain and company commander, graduated with West Point’s first class to admit women.:

“We owe a huge debt to LT Dan Choi – there’s no way that Knights Out and the DADT-repeal movement would have made the progress we’ve made over the past year without Dan. I think that the action he’s taking now is wrongheaded, but I know he’s doing what he thinks is right.”

All this says is that for those working on the political end of moving policy forward—and changing minds, direct action is always seen as too controversial or even counterproductive from that POV.

The axiom that the direct actions on the perceived extremes moves the ball forward for those working from within is true, of course, so you’ll rarely get any institution or organization to admit publicly that “renegade” direct peaceful protest is a legitimate tool for political progress.  If you make direct action too planned, clean and pretty and not spontaneous, the maximum power of the point is lost. And that’s just reality-based politics in DC no matter what the issue is.

But for those who do put themselves on the line, it does come with personal sacrifice for the good of others and the big picture. It is a leap of faith meant to shake up the political game.

Related:
* Blend report: Lt. Dan Choi and Captain Jim Pietrangelo pleaded not guilty, going to trial

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Posted by Pam Spaulding on 02:10 PM • (7) Comments

Technically, they don’t have to give you a lawyer before you’re arraigned—it’s just that the fruit of any custodial interrogation would be inadmissible if you aren’t given a lawyer when you ask.

Comment #1: rea  on  03/23  at  03:17 PM

Most offices I’ve worked with encourage phone calls…..most alleged criminals aren’t aware that the phone calls are recorded.

Comment #2: Lurker 2.0  on  03/23  at  04:18 PM

I hate to break the bad news, but this is exactly the same sort of routine that countless numbers of people get all the time when arrested.  There’s nothing particularly unique or sinister about it in this case, and anyone who thinks that has been watching way too much TV.

And someone under arrest was called a liar by a cop?  Oh my, how shocking.  That same response can’t possibly happen more than a few hundred thousand times a day in jails and police stations across the world.

Making Choi some kind of poster-child for this sort of thing is counterproductive because what happened to him was so utterly mundane and normal.  For his civil disobedience?  No problem, he should be lauded.  But as a result of that action, he underwent something that lots of people do, so blowing that out of proportion, while understandable, is silly.

Comment #3: KeithM  on  03/23  at  05:46 PM

you know, it may be useful to point to him as 1. an illustration of our civil rights (ie to protest) in action and 2. an illustration of how people are treated when arrested, before ever setting foot in a courtroom.

Comment #4: chibi  on  03/23  at  07:30 PM

I hate to break the bad news, but this is exactly the same sort of routine that countless numbers of people get all the time when arrested.

This is true.

And that is wrong.

NONE of them should be treated like this. None of them should be denied phone calls or denied lawyers, and for fuck’s sake, the cops are the ones in power and getting paid—-they don’t need to be disdainful or derogatory or rude to the people under their power.

Comment #5: Kyra  on  03/23  at  08:13 PM

what chibi and kyra said: just because it happens a lot doesn’t mean it isn’t wrong or horrible, and it most decidedly doesn’t mean it shouldn’t be highlighted. Quite the contrary: it should be highlighted so much and so often that it finally stops.

Comment #6: jadehawk  on  03/23  at  09:52 PM

Now that health care reform has taken seven extra months to get done, even in its watered-down form, will Obama take up the rest of his agenda? Where is DADT on the list? Will the GBLT community accept a watered-down version of DADT reform, once Obama makes all his futile attempts to get conservatives of both parties on board?

Don’t slang HRC by the way. Any cause needs organizations that are more respectable/moderate and those who are less respectable, because different people have different comfort levels. How many gays are going to handcuff themselves to the WH fence? Versus the number willing to write a strongly worded letter to their Congressman?

Comment #7: Hector B.  on  03/24  at  01:06 AM
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