NC Man Charged After Burning American Flag Faces 'Vindictive Prosecution,' Attorneys Say
Attorneys for Jan "Jay" Carey, a veteran from Western North Carolina, have filed a motion to dismiss charges related to his burning of an American flag in Lafayette Park. They argue that the law charged under does not apply to flag burning and claim he is subject to "vindictive prosecution."
Incident Details
On August 25, Carey, 54, burned the American flag outside the White House, proclaiming he was protesting what he called "the illegal, fascist president that sits in that house." He was arrested that evening by the U.S. Secret Service and later transferred to U.S. Park Police.
Charges and Legal Context
According to federal court documents, Carey was charged on August 27 with lighting a fire in an undesignated area and doing so in a way that caused damage to real property and park resources.
Political Background
Carey's arrest occurred just hours after President Donald Trump signed an executive order titled "Prosecuting Burning of the American Flag," aiming to increase criminal prosecutions against flag-burning protesters. The order calls for sentences of up to one year for offenders. This move contrasts with the 1989 Supreme Court ruling in Texas v. Johnson, which recognized flag burning as "symbolic speech" protected under the First Amendment.
"Vindictively prosecuted."
Trump called for "one year" sentences for violators despite the 1989 supreme court case Texas v. Johnson, which defined flag burning as "symbolic speech," meaning it is protected by the First Amendment.
Summary: Jan "Jay" Carey, arrested for burning an American flag in protest, faces charges challenged by his attorneys as politically motivated and inconsistent with constitutional protections.