Federal prosecutors on Friday asked a D.C. judge to dismiss two misdemeanor counts against Jan Carey, the military veteran who torched a flag outside the White House to test President Trump's executive order directing the DOJ to investigate flag burning. Carey had faced up to six months in custody and fines on each count for lighting a fire outside designated areas and damaging federal property. The U.S. Attorney's Office for the District of Columbia filed the motion without explanation, ending a prosecution that began after Trump commanded the Justice Department to prioritize flag-burning cases.
WUSA9 video shows Carey identifying himself as a veteran before setting the flag ablaze, telling the station he acted "immediately" after Trump signed the order. The charges never mentioned flag burning itself; prosecutors instead accused Carey of endangering property and violating park rules. Mara Verheyden-Hilliard, Carey's attorney, called the dismissal "a critical vindication" of First Amendment rights and warned the administration against using "content-neutral laws" to punish viewpoint-based protests.
Trump's order, issued before the protest, directs federal prosecutors to pursue flag-burners under unrelated statutes when burning "is likely to incite imminent lawless action" or qualifies as "fighting words." The Supreme Court ruled in 1989 that flag burning is constitutionally protected symbolic speech. The president has advocated since 2016 that offenders face "loss of citizenship or year in jail," a position the high court has repeatedly rejected.
Verheyden-Hilliard says the case sets precedent for defending protesters nationwide targeted for "vindictive prosecution" based on political messages. The U.S. Attorney's Office did not immediately respond to a request for comment Friday.
Federal prosecutors on Friday asked a D.C. judge to dismiss two misdemeanor counts against Jan Carey, the military veteran who torched a flag outside the White House to test President Trump's executive order against flag desecration. Carey had faced up to six months in custody and fines for lighting a fire outside designated areas and damaging federal property. The U.S. Attorney's Office for the District of Columbia filed the motion without explanation, ending a prosecution that began after Trump commanded the Justice Department to prioritize flag-burning cases.
WUSA9 video shows Carey identifying himself as a veteran before setting the flag ablaze, telling the station he acted "immediately" after Trump signed the order. The charges never mentioned flag burning itself; prosecutors instead accused Carey of endangering property and violating park rules. Mara Verheyden-Hilliard, Carey’s attorney, called the dismissal "a critical vindication" of First Amendment rights and warned the administration against using "content-neutral laws" to punish viewpoint-based protests.
Trump's order, issued before the protest, directs federal prosecutors to pursue flag-burners under unrelated statutes when burning "is likely to incite imminent lawless action" or qualifies as "fighting words." The Supreme Court ruled in 1989 that flag burning is constitutionally protected symbolic speech. The president has advocated since 2016 that offenders face "loss of citizenship or year in jail," a position the high court has repeatedly rejected.
With the motion filed, Judge will rule on dismissal; if granted, Carey walks away with no criminal record from the protest. Verheyden-Hilliard says the case sets precedent for defending protesters nationwide targeted for "vindictive prosecution" based on political messages. The U.S. Attorney's Office declined comment Friday, leaving unanswered whether prosecutors will pursue similar cases under the executive order.
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