NC man charged after burning American flag faces 'vindictive prosecution,' attorneys say

NC Man Charged After Burning American Flag Faces Vindictive Prosecution, Attorneys Say

Attorneys for a Western North Carolina veteran arrested after burning an American flag in Lafayette Park have filed a motion to dismiss the charges against him. They argue that the law under which he was charged does not apply to flag burning and claim he is facing vindictive prosecution.

Incident Details

On August 25, Asheville-area resident Jan "Jay" Carey, 54, burned an American flag outside the White House while shouting in protest.

"In protest of the illegal, fascist president that sits in that house," Carey shouted during the incident.

He was detained by the U.S. Secret Service and later transferred to U.S. Park Police. Two days later, on August 27, federal filings indicate Carey was charged with lighting a fire in an undesignated area and causing damage to park property.

Legal Context

Carey's arrest occurred hours after President Donald Trump signed an executive order titled "Prosecuting Burning of the American Flag," which sought to strengthen criminal action against those who burn the flag.

Trump called for "one year" sentences for violators despite the 1989 Supreme Court case Texas v. Johnson, which defined flag burning as "symbolic speech" protected by the First Amendment.

Attorneys’ Motion

Defense attorneys assert that the laws used against Carey are not applicable and that his prosecution is meant to punish him for exercising protected speech rather than for any legitimate criminal violation.

Author’s Summary

A North Carolina veteran’s flag-burning protest near the White House led to charges his lawyers now call unconstitutional and politically motivated.

The Asheville Citizen Times — 2025-11-04