DOJ Drops Charges Against Flag-Burning Veteran

Federal prosecutors have moved to dismiss charges against a retired Army veteran who was arrested last year after burning an American flag near the White House.

On Friday, the Department of Justice filed paperwork seeking to drop the case against Jan “Jay” Carey, a 55-year-old veteran. Carey’s attorney, Mara Verheyden-Hilliard, described the move as long overdue and called it a major win for free speech protections. She said the decision affirms not only Carey’s First Amendment rights but also the rights of Americans to express their views on political issues without facing punishment.

Carey had not been prosecuted for burning the flag itself. Instead, authorities charged him with misdemeanor offenses related to starting a fire on federal property. The incident happened in Lafayette Park, which is overseen by the National Park Service and has rules against lighting fires outside designated areas. The Justice Department did not provide a public explanation for requesting the dismissal. However, the government had faced a deadline to respond to claims from Carey’s legal team that prosecutors had pursued the case vindictively.

The arrest occurred in August 2025, when Carey staged a protest across from the White House only hours after President Trump signed an executive order aimed at encouraging legal action against people who burn American flags.

During the demonstration in Lafayette Park, Carey — then 54 and from North Carolina — identified himself as a disabled combat veteran who had served more than 20 years in the Army. Addressing onlookers, he said he had fought for Americans’ rights and argued that burning the flag is protected under the First Amendment. The protest drew a crowd and prompted debate among bystanders.

Carey criticized President Trump during the event and set fire to a flag that had been soaked with accelerant. Secret Service officers soon intervened, placed him in handcuffs, and removed him from the park. He was held for several hours before being released later that evening.

Afterward, Carey posted a video online saying the charges against him were for lighting a fire in the park rather than for desecrating the flag. U.S. Park Police confirmed the arrest and said the charge stemmed from the rule prohibiting open fires in non-designated areas of parkland.

Carey has been politically active in North Carolina. He previously ran in a Democratic congressional primary and has been an outspoken critic of both President Trump and Rep. Chuck Edwards. Earlier in 2025, he was escorted out of a town hall held by Edwards.

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