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Chief Judge James Boasberg set an Oct. 17 deadline for Carey's
lawyers to file a motion to dismiss the case on constitutional
grounds. Carey is due back in court on Dec. 1 for a status
hearing.
Carey, 54, of Arden, North Carolina, was arrested on Aug. 25
after he set fire to a flag in Lafayette Park, which the
National Park Service oversees. Earlier that day, Trump signed
an executive order requiring the Justice Department to
investigate and prosecute people for burning the American flag.
The Supreme Court has ruled that flag burning is a legitimate
political expression protected by the Constitution. Trump's
order asserts that burning a flag can be prosecuted if it “is
likely to incite imminent lawless action” or amounts to
“fighting words.”
“You burn a flag, you get one year in jail. You don’t get 10
years, you don’t get one month,” Trump said. “You get one year
in jail, and it goes on your record, and you will see flag
burning stopping immediately.”
Carey said he served in the Army from 1989 to 2012 and was
deployed 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,” he told reporters after
the hearing.
U.S. Attorney Jeanine Pirro's office filed the charges against
Carey. Trump appointed Pirro, a former Fox News host and former
judge.
“Although we respect the First Amendment, there is a law that
prohibits the burning of anything, including a flag, on federal
property,” office spokesman Tim Lauer said in a statement.
Mara Verheyden-Hilliard, one of Carey’s lawyers, said the
charges against him represent an effort by the Trump
administration to stifle free speech and dissent.
“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,” said Verheyden-Hilliard, co-founder
of the Partnership for Civil Justice Fund.
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