Attorneys Claim NC Veteran Faces Vindictive Prosecution for Burning Flag
In a significant legal case, attorneys for Jan “Jay” Carey, a 54-year-old veteran, assert he is facing vindictive prosecution. Carey was arrested on August 25, 2025, for burning an American flag outside the White House. This act was intended as a protest against an executive order signed earlier that day by President Donald Trump, which aimed to intensify penalties for such acts.
Background of the Case
Carey, a disabled U.S. Army veteran, expressed that his flag-burning was a stand against what he termed an “illegal, fascist president.” He was charged with two federal offenses related to lighting a fire improperly in an urban setting. These charges were filed just days after his arrest. Carey pleaded not guilty to the charges on September 17, 2025.
Claims of Vindictive Prosecution
- Carey’s attorneys, Nick Place and Mara Verheyden-Hilliard from the Partnership for Civil Justice Fund, filed a motion to dismiss on October 24.
- The defense argues that the charges are politically motivated and do not apply to flag burning.
- They assert that the prosecution is acting on behalf of President Trump’s animus towards those exercising their First Amendment rights.
The motion points out that flag burning is recognized as symbolic speech protected under the First Amendment, referencing the 1989 Supreme Court ruling in Texas v. Johnson. The lawyers argue that previous cases have found similar regulations inapplicable to urban areas like Lafayette Park, where Carey was arrested.
Context of the Arrest
The timing of Carey’s arrest raises questions about the motivations behind the prosecution. It coincided with President Trump’s executive order, which called for harsher penalties for individuals who burn the American flag. In defense, the attorneys highlighted that similar acts have been permitted in the park, such as candlelight vigils.
Response to Threats and Resignation
Amid the high-profile nature of this case, Carey’s wife, Leslie, resigned from her position as chair of the Henderson County Democratic Party due to safety concerns. She reported receiving death threats that compromised their family’s security. Leslie’s resignation on October 23 came just days after the couple began facing increased media scrutiny.
Future Outlook
The U.S. Department of Justice is expected to respond to the motion to dismiss by November 7, 2025. As the case progresses, it has sparked broader discussions regarding free speech and the limits of governmental authority in regulating protests. Carey’s fight is emblematic of ongoing tensions surrounding flag burning and expression in America.
