Veteran pleads not guilty in flag burning near White House

A veteran pleaded not guilty Wednesday after setting fire to an American flag in a federal park outside the White House last month to protest President Trump’s executive order cracking down on flag burning.

Jan Carey, 54, was arraigned on two federal misdemeanor charges, at his first court appearance on Wednesday: igniting a fire in an undesignated area and lighting a fire causing damage to property or park resources. He was not directly charged for burning the flag.

Carey was arrested Aug. 25 after setting fire to the flag in Lafayette Park, located just outside the White House. According to video of the incident, Carey identified himself as a veteran with more than 20 years of service in the U.S. Army and said he was “burning this flag as a protest to that illegal fascist president that sits in that house,” gesturing toward the White House.

“I fought for every single one of your rights to express yourself in however you feel that you may want to express yourself. There’s a First Amendment right to burn the American flag,” Carey said at the time, speaking into a bullhorn.

“No president can make a law, period,” he added.

Carey’s arrest came just hours after Trump signed an executive order directing the attorney general to target individuals who “desecrate” the flag by identifying state and local laws they may have violated. Trump’s order also directs administration officials to terminate or revoke visas if foreign nationals are found to have desecrated the flag.

A landmark 1989 Supreme Court ruling established that burning the American flag is protected under the First Amendment.

Carey spoke with reporters after the hearing Wednesday. He said he served from 1989 to 2012 in the Army, deploying 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,” Carey said.

A spokesperson for U.S. Attorney Jeanine Pirro’s office, which filed the charges against Carey, said in a statement, “Although we respect the First Amendment, there is a law that prohibits the burning of anything, including a flag, on federal property.”

Defense attorney Mara Verheyden-Hilliard, co-founder of the Partnership for Civil Justice Fund, said the charges represent an effort to stifle free speech.

“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,” Verheyden-Hilliard said.

Chief Judge James Boasberg gave Carey’s lawyers an Oct. 17 deadline to file a motion to dismiss the case on constitutional grounds. He set a status hearing for Dec. 1.

The Associated Press contributed.