Feds move to dismiss charges against Army veteran who burned American flag near White House
WASHINGTON– The Justice Department has decided to dismiss charges against an Army veteran who set fire to an American flag near the White House last year to protest President Donald Trump’s executive order regarding flag burning.
Jay Carey, 55, of Arden, North Carolina, who said he served in the Army from 1989 to 2012 and was deployed to Iraq and Afghanistan, was arrested Aug. 25 after burning a flag in Lafayette Park, supervised by the National Park Service. Earlier today, Trump signed an executive order requiring the Justice Department to investigate and prosecute those who burned the American flag.
Carey was charged with two misdemeanors that do not focus on flag burning: starting a fire in an undesignated area and starting a fire causing damage to property or park resources. He pleaded not guilty in September. Friday’s filing did not explain the termination decision, and the U.S. Attorney’s Office for the District of Columbia did not immediately respond Saturday to an email seeking comment.
The Supreme Court has ruled that flag burning is legitimate political expression protected by the Constitution. Trump’s order said burning a flag could be actionable if it “is likely to incite imminent lawless action” or is “word fighting.”
“I have decided to demonstrate that the First Amendment is sacred and that no administration has the right to overstep our constitutional rights,” Carey said in a statement from the Partnership for Civil Justice. “That’s why I was the subject of federal prosecution. I’m happy to stand with everyone fighting for our basic rights and hope this victory can help the next person who takes a stand.”
It shows people that “the Constitution still matters,” Carey said when contacted by phone Saturday.
Mara Verheyden-Hilliard, one of Carey’s lawyers and a co-founder of the fund, said the lawsuit should not have been filed.
“The government’s attempt to criminally punish a protester based on expressive behavior subject to prosecution by executive order poses a serious threat to First Amendment freedoms,” Verheyden-Hilliard said in a statement. “The government’s about-face is a crucial reaffirmation of these rights. This case also lays the groundwork for defending those across the country who are the targets of vindictive prosecutions by the Trump administration, aimed at silencing and punishing viewpoints it does not like.”
