Attorneys Claim Vindictive Prosecution of NC Veteran for Burning American Flag

Attorneys for a North Carolina veteran are challenging the legality of the charges against him for burning an American flag in protest. Jan “Jay” Carey, 54, was arrested on August 25, 2025, outside the White House, shortly after President Donald Trump signed an executive order aimed at increasing penalties for flag burning.

Details of the Incident

During the protest, Carey shouted that his actions were against the “illegal, fascist president” residing in the White House. He was charged with two offenses related to illegally lighting a fire in a designated area. According to federal court records, these charges were filed on August 27.

Legal Proceedings

Carey, a disabled U.S. Army veteran, entered a not guilty plea on September 17. His defense team filed a motion to dismiss the charges on October 24, claiming that the laws cited are not applicable to flag burning and arguing that he is facing what they describe as “vindictive prosecution.”

Claims of Vindictive Prosecution

Carey’s attorneys assert that the charges reflect political motivations rather than legal ones. They posit that the executive order signed by Trump and subsequent statements indicate a bias against individuals exercising their First Amendment rights.

• Carey’s defense team, including attorneys Nick Place and Mara Verheyden-Hilliard from the Partnership for Civil Justice Fund, referenced the 1989 Supreme Court case Texas v. Johnson, which ruled that flag burning is a form of protected speech.
• The attorneys noted that other expressive uses of fire, like candlelight vigils, are regularly permitted in Lafayette Park, where the incident occurred.

Reflecting on the possible implications of his case, Carey remarked that he considers the charges a tactic to reignite debate surrounding flag burning laws established in the Supreme Court. “These charges feel like a placeholder to get me into court,” he said.

Concerns for Personal Safety

The legal battle has had severe ramifications for Carey and his family. His wife, Leslie Carey, recently resigned from her position as chair of the Henderson County Democratic Party, citing threats made against their family, exacerbated by recent environmental challenges.

• Leslie reported receiving death threats where individuals claimed to know their addresses and threatened violence.
• Jay Carey emphasized the threats made against his family and the resulting distress they have caused.

This case continues to draw attention, not only for its legal implications but also for its broader societal impact. It highlights the ongoing debate over the limits of free expression and the legal stance on actions perceived as disrespectful to national symbols.

Next Steps

The U.S. Department of Justice’s deadline to respond to the motion to dismiss is set for November 7, 2025. The outcome of this high-profile case could potentially set a precedent for how flag burning is treated under U.S. law.