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3w ago

Army Veteran Pleads Not Guilty in Flag-Burning Case After Lafayette Park Arrest

Prosecutors are invoking park-fire misdemeanors under Trump’s directive, positioning the case as an early test of First Amendment protections.

Jan Carey, a North Carolina veteran who burned a flag near the White House last month, listens while his lawyers speak following his arraignment at the E. Barrett Prettyman Federal Courthouse, Sept. 17, 2025 in Washington.
President Donald Trump holds up a signed executive order requiring the Justice Department to investigate instances of flag burning, in the Oval Office of the White House, Monday, Aug. 25, 2025, in Washington. (AP Photo/Evan Vucci)

Overview

  • Chief Judge James Boasberg set Oct. 17 for a motion to dismiss on constitutional grounds and scheduled a Dec. 1 status hearing.
  • Jan Carey faces two federal misdemeanors—igniting a fire in an undesignated area and causing damage to park resources—filed by U.S. Attorney Jeanine Pirro’s office.
  • Carey, 54, was arrested Aug. 25 after burning a flag in Lafayette Park near the White House.
  • Earlier that day, President Donald Trump signed an executive order directing the Justice Department to pursue flag-burning cases, and he publicly urged a one-year jail penalty.
  • Carey’s attorneys and civil-rights advocates argue the prosecution targets protected speech despite Supreme Court rulings that recognize flag burning as political expression.