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

Source: CBS News

Updated on: March 13, 2026 / 11:26 PM EDT


Federal prosecutors in D.C. on Friday moved to drop charges against a man who was charged last year after he burned an American flag outside the White House, after President Trump had signed an executive order directing the DOJ to investigate flag burning.

Jan Carey was facing two misdemeanor criminal counts in Washington, D.C., federal court. Neither charge focused on the fact that he burned a flag, specifically: One of the counts was for lighting a fire "not in a designated area and receptacle," and another was for lighting a fire "in a manner that threatened, caused damage to, and resulted in the burning of property, real property, and park resources."

Both charges were punishable by a fine or no more than six months in custody. Carey had pleaded not guilty and was challenging his indictment. The U.S. Attorney's office in D.C. did not immediately respond to a request for comment.

"The government's attempt to criminally punish a protestor based on expressive conduct targeted for prosecution by presidential order posed a grave threat to First Amendment freedoms," Mara Verheyden-Hilliard, an attorney for Carey, said in a statement provided to CBS News Friday night. "The Justice Department's about-face is a critical vindication of those rights. This case also lays the groundwork for defending those across the country who are targeted for vindictive prosecution by the Trump Administration in an effort to silence and punish viewpoint it doesn't like. This is a victory for democracy and the First Amendment."

Read more: https://www.cbsnews.com/news/doj-moves-drop-charges-man-burned-us-flag-outside-white-house/