Choi rejected a plea bargain deal, and trial commenced on August 29, 2011, before United States Magistrate Judge John M.[19] Prosecution called witnesses from the United States Park Police including the arresting officer, Lieutenant Robert LaChance, who testified to the existence of Secret Service advance knowledge of the protest.[20] Defense team led by Robert Feldman (pictured above) filed a motion to compel evidence of Secret Service emails and issued subpoena to directors of Homeland Security and the Department of the Interior.[23][24][25] Choi asserted pre-trial that the decision to federally prosecute the group of 13 protesters was selective enforcement of the regulations, noting a rally at the White House following the death of Osama bin Laden, where none of the revelers were arrested.[28] Choi claimed the federal charges were a result of White House and prosecutor vindictiveness, to punish him for successfully asserting his constitutional rights to free speech.[33] In his opinion, Chief Judge Royce C. Lamberth expressed the rare nature of this action but granted the writ after finding the defense should have raised the selective and vindictive prosecution claim before trial.