http://www.wnd.com/?pageId=173633By Chelsea Schilling
© 2010 WorldNetDaily
Former U.S. Army National Guard soldier Lt. Dan Choi
Two homosexual U.S. Army National Guard soldiers who were arrested for handcuffing themselves to a White House fence have subpoenaed President Obama to defend them in court – saying they were under the commander in chief's orders to lobby him for "gay" rights.
Lt. Dan Choi and Cpt. James Peitrangelo II have been charged with two counts of failure to obey a lawful order after they were arrested on a White House sidewalk on two separate occasions: March 18 and April 20, 2010. Choi, an Arabic-speaking linguist, announced he was homosexual on MSNBC's "Rachel Maddow Show" last year and was dismissed for "moral or professional dereliction."
A memo from their lawyers states that they will face a nonjury trial on both charges July 14 in Washington, D.C., Superior Court.
At the time of their arrest, the men were dressed in full battle-dress uniform. They want to use their trial to highlight their opposition to the military's "Don't ask, don't tell" law, a 1993 federal statute debated and adopted by Congress that states open homosexuals are not eligible to serve in the military. The law was overwhelmingly passed by bipartisan, veto-proof majorities in both houses, after extensive hearings and debate.
Choi and Peitrangelo face minor charges – with possible fines ranging from $100 to $1,000 – and have pled not guilty. Nonetheless, they are seeking Obama's testimony in court regarding the president's support for public pressure to abolish the law.
The men say Obama has, on several occasions as president and commander in chief, "called on the homosexual community to 'pressure' him to change the ("don't ask, don't tell") law and policy, thus allowing gay servicemembers to serve their country openly and honorably."
The memo explains: "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 or Commander in Chief, and were therefore under an obligation and authority to act as they did in order to pressure him – in a nonviolent, visible way – on this important public issue."
It adds, "In addition, these statements support the contention that the Defendants were acting out of necessity, in order to prevent discrimination and greater harm to gay servicemembers now serving."
In particular the memo cites the following statements made by Obama at an Oct. 10, 2009, Human Rights Campaign dinner:
I'm here with a simple message: I'm here with you in that fight. For even as we face extraordinary challenges as a nation, we cannot – and we will not – put aside issues of basic equality. Now, I've said this before. I'll repeat it again: It's not for me to tell you to be patient, any more than it was for the others to counsel patience to African-Americans petitioning for equal rights half a century ago. We are moving ahead on 'Don't ask, don't tell.' We should not be punishing patriotic Americans who have stepped forward to serve this country. We should be celebrating their willingness to show such courage and selflessness on behalf of their fellow citizens, especially when we're fighting two wars. …
I'm working with the Pentagon, its leadership and the members of the House and Senate on ending this policy. Legislation has been introduced in the House to make this happen. I will end 'Don't ask, don't tell.' That's my commitment to you. … [T]hat's why it's so important that you continue to speak out, that you continue to set an example, that you continue to pressure leaders – including me – and to make the case across all America [bold added].
Obama has also said at a 2009 "LGBT pride reception" that reversal of the law "is essential for our national security."
One of the defense lawyers, Ann Wilcox, told Congressional Quarterly Roll Call's Congress.org the men know it's unlikely Obama will show up in court.
"The subpoenas are usually quashed," she said. "The judge rules that you don't really need this evidence and that it's not seemly for him to come to court."
However, the activists have garnered media attention with their actions, particularly in the homosexual blog community.
The "don't ask, don't tell" repeal amendment is part of the 2011 defense authorization bill, and a Senate vote on the legislation is expected after lawmakers return on July 12.
As WND reported, Richard Thompson, chief counsel of the Thomas More Law Center, previously warned that Obama has been "supported by a multimillion-dollar campaign by national lesbian, gay, bisexual, transgender advocacy groups" and would alter the policy soon.
Thompson said, "Once the law is repealed, LGBT operatives will infiltrate the military, and, backed by a brigade of ACLU lawyers, will push the homosexual agenda to the point of paralyzing the primary purpose of the military – winning wars. Because of 'zero tolerance' for anyone who disagrees with the repeal, thousands of current military personnel, especially those in the mid-career ranks, will leave."
Now as advocacy groups that supported Obama in 2008 demand payback, more than 1,150 distinguished retired flag and general officers, including 51 four-star generals and admirals, have urged retention of the ban.
The officers cited the impact on "morale, discipline, unit cohesion and overall readiness."
In February, Army and Air Force chiefs of staff testified before Congress, warning that a move to repeal the policy would be ill-timed.