NC Man Charged After Burning American Flag Faces 'Vindictive Prosecution,' Attorneys Say
Attorneys for Jan "Jay" Carey, a Western North Carolina veteran, have filed a motion to dismiss charges against him after he burned an American flag in Lafayette Park. They argue the charges are based on a law that does not apply to flag burning and claim the prosecution is "vindictive."
Incident Details
On August 25, Carey, 54, set fire to an American flag outside the White House while shouting that his act was "in protest of the illegal, fascist president that sits in that house." He was arrested that same evening by the U.S. Secret Service and handed over to the U.S. Park Police.
Charges Filed
- Lighting a fire in an undesignated area
- Lighting a fire in a manner causing damage to property and park resources
These charges were filed on August 27 as per federal court documents.
Context and Legal Background
Carey's arrest came hours after President Donald Trump signed an executive order titled "Prosecuting Burning of the American Flag." This order aims to increase criminal penalties for protesters who burn the flag, prescribing "one year" sentences for offenders.
President Trump’s order came despite the 1989 Supreme Court ruling in Texas v. Johnson, which defined flag burning as "symbolic speech" protected by the First Amendment.
The defense alleges this situation represents "vindictive prosecution" due to the timing and nature of the charges.
Summary: The case highlights ongoing tensions between flag-burning protests as protected speech and new efforts to criminalize such acts under recent executive directives.
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