The Justice Department on Friday, March 13, 2026, moved to dismiss federal charges against Jay Carey, a 55-year-old Army veteran from Arden, North Carolina, following a monthslong legal battle over a flag-burning protest near the White House.
The Incident and Executive Order
Carey was arrested on August 25, 2025, in Lafayette Park after setting an American flag on fire. The protest occurred just hours after President Trump signed an executive order directing the DOJ to "vigorously prosecute" the burning of the flag.
While the U.S. Supreme Court has twice ruled (Texas v. Johnson and United States v. Eichman) that flag burning is symbolic speech protected by the First Amendment, Carey was charged with two federal misdemeanors:
Igniting a fire in an undesignated area.
Lighting a fire causing damage to park resources.
Carey pleaded not guilty in September 2025, maintaining that he was being selectively targeted for his political expression.
Legal Victory and "Vindictive Prosecution"
The motion to dismiss follows a January 2026 ruling by a federal judge, who stated that Carey was entitled to an inquiry into whether the prosecution was "vindictive" or motivated by the President’s executive order.
The DOJ’s filing came just before a Monday deadline that would have required the government to hand over internal documents and communications regarding their decision-making process in the case.
“The government’s attempt to criminally punish a protester based on expressive conduct targeted for prosecution by presidential order posed a grave threat to First Amendment freedoms,” said Mara Verheyden-Hilliard, Carey’s attorney and co-founder of the Partnership for Civil Justice Fund.
Asheville Background and Activism
Carey, a retired combat veteran who served from 1989 to 2012 in Iraq and Afghanistan, has a long history of activism in Western North Carolina.
In March 2025, Carey drew local headlines when he was forcibly removed from a town hall meeting at A-B Tech in Asheville hosted by U.S. Rep. Chuck Edwards. During the event, Carey confronted the representative over potential cuts to veterans' services and VA staffing. The exchange resulted in Carey being escorted out by law enforcement.
Prior to his shift toward full-time activism, Carey was active in the local political scene, running in the Democratic primary for North Carolina’s 11th Congressional District and as the Democratic nominee for State Senate District 48 in 2022.
Carey remains a resident of the area, though he has been focused on recovering from the catastrophic loss of his home and business due to flooding caused by Hurricane Helene."
This report contains information sourced from the Associated Press and local public records.