The executive order criminalizes flag burning with up to a one-year jail sentence and directs Attorney General Pam Bondi to find and prioritize a case to challenge the Supreme Court's Texas v. Johnson decision. The order permits retroactive charging of flag-burners under other statutes such as disturbing the peace or environmental laws and instructs White House aides to flag and detain immigrants accused of the act, tying enforcement to a broader deportation agenda. The measure reflects a longtime presidential objective echoed in past tweets and allied legislation proposed by Senator Josh Hawley. The move raises concerns about First Amendment protections and broader civil liberties.
Trump also ordered Attorney General Pam Bondi to find a case that could challenge the Johnson decision. It further instructs her to "prioritize the enforcement to the fullest extent possible," and gives her a pass to charge retroactive flag-burners with other crimes, such as disturbing the peace or breaking environmental laws. The text also commands Trump's cabal of White House lackeys to flag (lol) and detain any immigrants accused of the behavior,
But targeting flag burners with a one-year jail sentence has been a long-time goal for the president; he tweeted about it in 2016, 2019, mentioned it in 2020, and repeated it on the campaign trail last year. In June, Missouri Senator Josh Hawley legislated the president's dreams into a bill, tweeting: "I'm with Trump on this one: anyone who burns our flag committing a crime should go to jail-double the sentence. Evidently all of Fort Bragg agrees."
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