The Digester

Feds move to dismiss charges against veteran who burned U.S. flag near White House

Mar 14th 2026

The Justice Department asked to drop misdemeanor charges against Jay Carey after he burned an American flag in Lafayette Park to protest President Trump’s executive order on flag burning.

  • The Justice Department moved to dismiss two misdemeanor charges tied to the Aug. 25 Lafayette Park incident.
  • The charges were for igniting a fire in an undesignated area and lighting a fire that damaged property or park resources.
  • Jay Carey, an Army veteran who said he set the flag aflame to protest President Trump's executive order on flag burning, pleaded not guilty in September.
  • The filing gave no explanation for the dismissal and the U.S. Attorney's Office in D.C. did not immediately respond to requests for comment.
  • The Supreme Court has ruled flag burning is protected political expression and Carey’s lawyers said the dismissal vindicates First Amendment rights.

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