Army veteran pleads not guilty to federal charges after burning American flag near White House
An Army veteran pleaded not guilty Wednesday to federal charges after setting fire to an American flag near the White House in protest of President Donald Trump’s recent executive order on flag burning.
Jan Carey, 54, of Arden, North Carolina, faces two misdemeanor counts related to lighting a fire in an undesignated area and causing damage to property or park resources, rather than the act of burning the flag itself. Carey appeared in court for his arraignment, and Chief Judge James Boasberg set an Oct. 17 deadline for his lawyers to file a motion to dismiss the case on constitutional grounds. Carey is scheduled to return to court for a status hearing on Dec. 1.
Carey was arrested on Aug. 25 after burning the flag in Lafayette Park, which is managed by the National Park Service. The protest came shortly after Trump signed an executive order directing the Justice Department to investigate and prosecute individuals who burn the American flag under certain circumstances. The Supreme Court has previously ruled that flag burning constitutes protected political speech, but Trump’s order allows prosecution if the act is deemed likely to incite imminent lawless action or constitutes “fighting words.”
Trump has publicly stated that flag burning could result in a year in jail, emphasizing the potential consequences as a deterrent. Carey, a former Army servicemember who served from 1989 to 2012 and was deployed to Iraq and Afghanistan, defended his protest, saying, “I served this country for over 20 years, having taken an oath to uphold our Constitution. I did not take an oath to serve a dictator, a tyrant, or a wannabe king.”
The charges were filed by the office of U.S. Attorney Jeanine Pirro, a Trump appointee and former Fox News host. A spokesperson for the office, Tim Lauer, stated, “Although we respect the First Amendment, there is a law that prohibits the burning of anything, including a flag, on federal property.”
Carey’s attorney, Mara Verheyden-Hilliard, argued that the charges are an attempt by the administration to suppress free speech. “This is a desecration of the First Amendment by the administration, and it is crucial that people stand up and speak out, exercise their rights,” she said, highlighting the constitutional implications of the case.
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