Federal prosecutors in D.C. filed felony fees towards a person who burned an American flag outdoors of the White Home earlier this week, after President Trump signed an govt order ordering the Justice Division to research flag burning.
Jan Carey, 54, of North Carolina, is dealing with two misdemeanor felony counts in Washington, D.C., federal court docket. Neither cost focuses on the truth that he burned a flag, particularly: one of many counts was for lighting a fireplace “not in a chosen space and receptacle,” and one other was for lighting a fireplace “in a way that threatened, brought about harm to, and resulted within the burning of property, actual property, and park assets.”
Each fees are punishable by a effective or not more than six months in custody.
In a video of the flag burning captured by WUSA9 on Monday, Carey recognized himself as a army veteran and mentioned he was protesting the chief order.
In an interview with WUSA9, Carey mentioned he “instantly thought I must go burn a flag in entrance of the White Home and let’s put this to the take a look at.”
On Monday, Mr. Trump signed an govt order directing the Justice Division to research individuals who burn the American flag, although the Supreme Court docket in 1989 dominated that the First Modification protected symbolic speech, together with flag burning.
Mr. Trump’s order makes an attempt to navigate across the Supreme Court docket ruling. It mentioned federal prosecutors ought to prioritize bringing instances towards situations of flag burning that violate different “content-neutral legal guidelines,” and mentioned the excessive court docket did not rule out fees if burning a flag “is prone to incite imminent lawless motion” or quantities to “preventing phrases.”
The president has lengthy pushed for felony prosecutions for burning an American flag, suggesting in 2016 that it ought to be punished by “lack of citizenship or yr in jail.”
“You burn a flag, you get one yr in jail. You aren’t getting 10 years, you do not get one month,” Mr. Trump mentioned Monday. “You get one yr in jail, and it goes in your file, and you will notice flag burning stopping instantly.”
Mr. Trump’s order additionally requires Lawyer Common Pam Bondi to litigate a problem to the 1989 ruling, doubtlessly getting the problem in entrance of a Supreme Court docket bench that’s way more conservative than the excessive court docket was on the time of the unique choice. And it suggests alleged flag burners may very well be charged with inciting a riot.
Carey, nevertheless, was not charged with incitement.
CBS Information has reached out to Carey for remark.
