Overview

• NewsNation reports the order is expected to be signed Thursday and would prompt federal prosecutors to scrutinize incidents for potential non–flag-specific offenses.
• Justice Department reviews would consider statutes such as disorderly conduct or public nuisance when evaluating flag-burning episodes, according to unnamed administration officials.
• The approach stops short of challenging Texas v. Johnson, which held flag burning as protected political speech, and follows failed efforts to legislatively or constitutionally ban the act.
• Trump has repeatedly pushed penalties, telling a June audience at Fort Bragg that people who burn the American flag should face a one-year jail term.
• Sen. Josh Hawley recently introduced a bill to add an extra year to federal sentences for crimes that involve flag burning, reflecting a parallel legislative track.