Move Over, Orly: Dan Choi Subpoenas Obama

Lt. Dan Choi wants to drag President Obama into court.

But the Tustin High grad, out Army officer and gay activist is not challenging the Kenyan's place of birth with his subpoena. (Sorry, Orly.) Facing the music in the case we wrote about here, when Choi was arrested for chaining himself to a White House gate, he wants Obama to testify for him.

Choi, who serves in the Army National Guard in upstate New York, and Capt. James Pietrangelo were arrested on minor civil disobedience charges in March for their protest of the "Don't Ask, Don't Tell" policy.

So, how can the occupant of the mansion on the other side of the gate the officers chained themselves to help?'s Ben Smith reports today they will argue they were just following orders. After all, Obama did call on gay rights advocates to pressure him on "Don't Ask."

Here's how an advisory on the  in the defense of Choi and Pietrangelo puts it:

The subpoena seeks 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 service members 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 service members now serving.

Surely Barry can clear enough time from that cake schedule of his to help these poor boys. After all, he did order them to do it.

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