An Army veteran arrested for burning an American flag near the White House told Newsweek that he is ready to take his fight all the way to the U.S. Supreme Court.
Jan Robert Carey, who goes by Jay, said he burned the flag in Lafayette Square on Monday to directly challenge an executive order that President Donald Trump signed hours earlier. The order directed the Justice Department to investigate and prosecute people for burning the American flag.
Even though the order acknowledged the Supreme Court’s 1989 ruling that flag burning is protected under the First Amendment, it suggested prosecution could happen if the act “is likely to incite imminent lawless action” or counts as “fighting words.”
Carey, 54, who earned a Bronze Star during the Iraq War, had traveled from North Carolina to join a veterans’ protest against the deployment of National Guard troops in Washington, D.C.
“Presidents don’t make law, and Congress cannot make laws that infringe on our rights under the First Amendment,” Carey told Newsweek. “I realized I needed to burn a flag in front of the White House that day to make the biggest impact and send the message to the President that he cannot do that.”
He chose Lafayette Square because it was the closest spot he could get to the White House. In videos posted on social media, Carey is seen telling bystanders that Trump’s executive order violates the First Amendment. “I served over 20 years in the United States Army,” he said. “I fought for every single one of your rights to express yourself however you feel.”
A spokesperson for the Army confirmed to Newsweek that Carey served for over 20 years and was deployed to Kuwait, Bosnia, Iraq, and Afghanistan before retiring as a Sergeant First Class. In addition to a Bronze Star, he received two Meritorious Service Medals, eight Army Commendation Medals, and six Army Achievement Medals.
After burning the flag, Carey was initially detained by the Secret Service and then transferred to U.S. Park Police, who processed and released him after about five hours. He is now awaiting a court summons for violating a law prohibiting fires in federal parks.
Carey said he expects further investigation and received calls from someone claiming to be a Secret Service agent asking about Monday’s incident. Voicemails were also left for his wife and son.
“We have voicemails from them saying that we’re looking into Jan Robert Carey, your father or husband, and would like to ask questions,” Carey said.
Newsweek contacted the Secret Service, and a spokesperson said the agency “detained an individual in Lafayette Park for igniting an object. The individual was subsequently turned over to U.S. Park Police as they have jurisdiction.”
Carey believes his actions upset the president. “It’s an ego thing for him,” he said. “I’m sure he’s pretty upset that someone burned a flag right after he signed an executive order saying it should never happen again.”
While signing the executive order, Trump said those who burn the flag should get a year in prison. “You burn a flag, you get one year in jail. You don’t get 10 years, you don’t get one month,” he said. “You get one year in jail, and it goes on your record, and you will see flag burning stopping immediately.”
Carey said he is prepared to face more serious charges and take his case to the Supreme Court if necessary. “I welcome it,” he said. “I went there expecting they would try to pin things on me that they couldn’t prove. I am ready to fight this in the Supreme Court to reaffirm that burning the United States flag is protected under the First Amendment.”
He acknowledged the court now has a 6-3 conservative majority but said he believes the Constitution would protect him.
Carey also explained why he chose that day and place to burn the flag. “Trump signed an executive order outlawing flag burning, which violates the First Amendment,” he said. “So I went to Lafayette Park, directly in front of the White House, to challenge it.”
After being detained, Carey said the Secret Service held him briefly before handing him over to Park Police, who processed him for about five hours. He received two citations for lighting a fire without an approved container and in a national park in an undesignated area, though no damage was done.
Carey said he expects a court appearance by mail and believes the Department of Justice is investigating further charges. He is securing a lawyer to defend himself.
Carey believes President Trump is reacting out of personal offense. “He is a reactionary with a fragile ego,” Carey said. “When someone pushes back, he tries to hurt them in any way he can—legally or otherwise.”
Despite the challenges, Carey remains determined. “I went there expecting trouble, and I am ready to go to the Supreme Court to defend our rights,” he said.
Carey plans to continue protesting with a veterans’ group he helped form. “We encourage everyone, whether military or supporters, to come join us peacefully,” he said. “We want people to see that peaceful protest matters, and we are working to end the occupation of U.S. soil by military troops.”
