An Army veteran who set fire to an American flag near the White House to protest President Donald Trump’s recent executive order on flag burning pleaded not guilty Wednesday to federal criminal charges.
Jan Carey is charged with two misdemeanors that are not focused on the act of burning a flag. Making his initial court appearance, Carey was arraigned on charges of igniting a fire in an undesignated area and lighting a fire causing damage to property or park resources.
Chief Judge James Boasberg set an Oct. 17 deadline for Carey’s lawyers to file a motion to dismiss the case on constitutional grounds. Carey is due back in court on Dec. 1 for a status hearing.
Carey, 54, of Arden, North Carolina, was arrested on Aug. 25 after he set fire to a flag in Lafayette Park, which the National Park Service oversees. Earlier that day, Trump signed an executive order requiring the Justice Department to investigate and prosecute people for burning the American flag.
The Supreme Court has ruled that flag burning is a legitimate political expression protected by the Constitution. Trump’s order asserts that burning a flag can be prosecuted if it “is likely to incite imminent lawless action” or amounts to “fighting words.”
“You burn a flag, you get one year in jail. You don’t get 10 years, you don’t get one month,” Trump said. “You get one year in jail, and it goes on your record, and you will see flag burning stopping immediately.”
Carey said he served in the Army from 1989 to 2012 and was deployed to Iraq and Afghanistan.
“I served this country for over 20 years, having taken an oath to upheld our Constitution. I did not take an oath to serve a dictator, a tyrant or a wannabe king,” he told reporters after the hearing.
U.S. Attorney Jeanine Pirro’s office filed the charges against Carey. Trump appointed Pirro, a former Fox News host and former judge.
“Although we respect the First Amendment, there is a law that prohibits the burning of anything, including a flag, on federal property,” office spokesman Tim Lauer said in a statement.
Mara Verheyden-Hilliard, one of Carey’s lawyers, said the charges against him represent an effort by the Trump administration to stifle free speech and dissent.
“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,” said Verheyden-Hilliard, co-founder of the Partnership for Civil Justice Fund.
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