Federal prosecutors moved on March 13, 2026, to dismiss the case against Army veteran Jay Carey, who burned a U.S. flag in Lafayette Park in August 2025 to protest President Trump’s executive order on flag burning.
Carey had faced two misdemeanor charges concerning fires on federal park property. His lawyers argued that the prosecution was retaliation for protected expression.
A January court ruling allowed the vindictive-prosecution challenge to proceed in part. The government later sought dismissal with prejudice, which prevents refiling of the dismissed charges.
The dismissal ended Carey’s prosecution. It was not a ruling invalidating the executive order itself.
https://www.nacdl.org/brief/United-States-v-Carey
https://apnews.com/article/349b1f416c7834205d675b2063bc3976
