The trail judge thinks there's enough evidence of that to issue a 10-day delay so Choi's lawyers can put the government on trial for putting Choi in trial:
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.
Choi got arrested protesting DADT at the White House and is being charged with breaking some obscure federal park service law. He faces six months in prison. I'm going to go out on a limb here and guess that actress Daryl Hannah isn't going to face six months in prison for getting arrested at the White House yesterday.
You can sign a letter in support of Choi here.