DOJ drops case against veteran arrested after burning American flag near White House

Prosecutors sought to drop the charges against Jan Carey after a judge said he was entitled to further inquiry into whether the administration was vindictively prosecuting him.

The Justice Department on Friday moved to dismiss charges against a veteran who set an American flag on fire across the street from the White House following an executive order seeking to crack down on flag burning.

U.S. Park Police arrested Jan “Jay” Carey in August after he set the flag ablaze in Lafayette Square on the same day President Donald Trump signed the order. He pleaded not guilty to two misdemeanors — igniting a fire in an undesignated area and lighting a fire causing damage to property or park resources — brought by the office of Jeanine Pirro, U.S. attorney for the District of Columbia.

Carey was not charged with flag burning.

Mara Verheyden-Hilliard, a lawyer for Carey, called Friday’s filing by the Justice Department “long overdue.”

“This is a very significant victory for not only the First Amendment rights of Mr. Carey but the rights of all Americans to stand up and speak out on issues that they care about without being targeted for punishment by the Justice Department,” Verheyden-Hilliard told NBC News in a phone call.