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DOJ moves to drop charges against man who burned U.S. flag outside White House

The Justice Department dismissed misdemeanor fire charges against veteran Jan Carey amid First Amendment concerns and a federal judge's ruling questioning the prosecution's basis.

  • On Friday, federal prosecutors in Washington, D.C., moved to dismiss charges against Jan "Jay" Carey after he set an American flag ablaze across from the White House, ahead of a Monday deadline.
  • The executive order and subsequent judicial review together prompted the Justice Department to scrutinize whether prosecutions target protected speech, following Chief Judge James Boasberg's January ruling.
  • The counts against Jan Carey, which were not for flag desecration, alleged two misdemeanor counts for lighting fires that carried a fine or up to six months' custody, U.S. Attorney Jeanine Pirro's office said.
  • The development represents a setback for Jeanine Pirro as Mara Verheyden-Hilliard, Carey’s lawyer, called the Justice Department filing Friday "long overdue" and a "very significant victory" for First Amendment rights.
  • The U.S. Supreme Court's 1989 decision recognizes flag burning as protected speech, while Trump's executive order urges prosecutors to focus on content-neutral laws or imminent lawless action exceptions.
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Feds move to dismiss charges against Army veteran who burned American flag near White House

The Justice Department has moved to dismiss charges against an Army veteran who set fire to an American flag near the White House last year to protest President Donald Trump’s executive order on flag burning.

·United States
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CBS News broke the news in United States on Saturday, March 14, 2026.
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