WASHINGTON — An Army veteran who set hearth to an American flag close to the White Home to protest President Donald Trump’s latest govt order on flag burning pleaded not responsible Wednesday to federal prison expenses.
Jan Carey is charged with two misdemeanors that aren’t targeted on the act of burning a flag. Making his preliminary courtroom look, Carey was arraigned on expenses of igniting a hearth in an undesignated space and lighting a hearth inflicting injury to property or park sources.
Chief Decide James Boasberg set an Oct. 17 deadline for Carey’s attorneys to file a movement to dismiss the case on constitutional grounds. Carey is due again in courtroom on Dec. 1 for a standing listening to.
Carey, 54, of Arden, North Carolina, was arrested on Aug. 25 after he set hearth to a flag in Lafayette Park, which the Nationwide Park Service oversees. Earlier that day, Trump signed an govt order requiring the Justice Division to research and prosecute folks for burning the American flag.
The Supreme Court docket has dominated that flag burning is a legit political expression protected by the Structure. Trump’s order asserts that burning a flag will be prosecuted if it “is prone to incite imminent lawless motion” or quantities to “preventing phrases.”
“You burn a flag, you get one yr in jail. You don’t get 10 years, you don’t get one month,” Trump mentioned. “You get one yr in jail, and it goes in your file, and you will notice flag burning stopping instantly.”
Carey mentioned he served within the Army from 1989 to 2012 and was deployed to Iraq and Afghanistan.
“I served this nation for over 20 years, having taken an oath to upheld our Structure. I didn’t take an oath to serve a dictator, a tyrant or a wannabe king,” he instructed reporters after the listening to.
U.S. Legal professional Jeanine Pirro’s workplace filed the fees in opposition to Carey. Trump appointed Pirro, a former Fox News host and former decide.
“Though we respect the First Modification, there’s a legislation that prohibits the burning of something, together with a flag, on federal property,” workplace spokesman Tim Lauer mentioned in a press release.
Mara Verheyden-Hilliard, one in every of Carey’s attorneys, mentioned the fees in opposition to him symbolize an effort by the Trump administration to stifle free speech and dissent.
“This can be a desecration of the First Modification by the administration, and it’s essential that folks get up and communicate out, train their rights,” mentioned Verheyden-Hilliard, co-founder of the Partnership for Civil Justice Fund.
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