Judge finds prima facie evidence that US government may have "vindictively prosecuted" Dan Choi

At issue is whether the US government is seeking a harsher charge against former Lt. Dan Choi, for handcuffing himself to the White House fence as a protest against the "Don't Ask, Don't Tell" policy, than would have been sought against others who protest routinely at the White House fence.

The judge seems to think Dan has a case, at least enough to proceed.  And it is awfully suspicious why the government is pursuing this rather high profile gay case at the same time the administration claims it wants to kiss and make up with the gay community as next year's election approaches.  This is not the way to kiss and make up.  Which thus makes one wonder if the entire thing is politically motivated.  It seems the judge is curious too.  More on AMERICAblog Gay.