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Message
Carrying American Flag at the Capitol on Jan. 6 was a Crime, DOJ Says
Posted on 5/15/24 at 3:34 pm
Posted on 5/15/24 at 3:34 pm
LINK
Federal prosecutors say carrying an American flag in the U.S. Capitol in support of a “particular viewpoint” is a criminal act punishable by up to six months in prison.
In a filing in the criminal case against Jan. 6 defendant William Alexander Pope of Topeka, Kansas, the U.S. Department of Justice said carrying a flag in support of “free elections, fair elections and President Trump” constitutes a crime under Title 40 of the United States Code.
“They now allege my crime to be carrying an American flag ‘in support or disapproval of a particular viewpoint,’” Mr. Pope posted on X. “Biden has made the American flag and wrongthink a crime!”
In a court filing on May 15, Mr. Pope said: “I argue that carrying an American flag should not ever be criminal in the United States of America.”
Mr. Pope posted a video on X from the U.S. House of Representatives, showing dozens of members waving small Ukraine flags after an April vote approving $60.8 billion in military aid for the besieged country.
“Meanwhile in the Capitol,” he wrote in a caption above the video.
“This accusation is unconstitutional on face value because it criminalizes the act of carrying the American flag,” Mr. Pope wrote in a May 15 response filed with U.S. District Judge Rudolph Contreras. Mr. Pope suggested political bias is behind the government’s charge.
“The government supports President Biden using the American flag to call for ‘free and fair elections,’ but the Biden administration criminalizes the American flag being used by those who support an opposition candidate and call for free and fair elections,” he wrote.
The DOJ filing has put a new spotlight on one of the most frequently charged crimes from Jan. 6: parading, demonstrating, or picketing in a Capitol building.
The petty misdemeanor carries a maximum penalty of six months in prison. Many Jan. 6 plea agreements have been based on a single violation of the parading statute.
The statute does not apply to members of Congress or their employees, or officers or employees of Congressional committees.
Under Title 40 U.S. Code §5104, a person may not “parade, stand or move in processions or assemblages in the grounds” or “display in the grounds a flag, banner or device designed or adapted to bring into public notice a party, organization, or movement.”
Hundreds of flags were paraded about Capitol grounds on Jan. 6, including many dozens brought inside the Capitol by protesters. These included American flags, Gadsden’s “Don’t Tread on Me” flags that date to 1775, a few Confederate flags, a large selection of flags supporting then-President Donald Trump, and numerous flags disparaging incoming President Joe Biden.
...
Mr. Pope won a significant victory on May 13 when federal prosecutors moved to dismiss two of the eight charges against him.
The DOJ asked Judge Contreras to dismiss Count 5, “impeding ingress and egress in a restricted building or grounds,” and Count 7, “impeding passage through the Capitol grounds or buildings.”
Mr. Pope faces a July 22 trial on the remaining six counts, however, he has asked Judge Contreras to delay the trial based on exculpatory evidence he says was not provided by prosecutors.
...
Federal prosecutors say carrying an American flag in the U.S. Capitol in support of a “particular viewpoint” is a criminal act punishable by up to six months in prison.
In a filing in the criminal case against Jan. 6 defendant William Alexander Pope of Topeka, Kansas, the U.S. Department of Justice said carrying a flag in support of “free elections, fair elections and President Trump” constitutes a crime under Title 40 of the United States Code.
“They now allege my crime to be carrying an American flag ‘in support or disapproval of a particular viewpoint,’” Mr. Pope posted on X. “Biden has made the American flag and wrongthink a crime!”
In a court filing on May 15, Mr. Pope said: “I argue that carrying an American flag should not ever be criminal in the United States of America.”
Mr. Pope posted a video on X from the U.S. House of Representatives, showing dozens of members waving small Ukraine flags after an April vote approving $60.8 billion in military aid for the besieged country.
“Meanwhile in the Capitol,” he wrote in a caption above the video.
“This accusation is unconstitutional on face value because it criminalizes the act of carrying the American flag,” Mr. Pope wrote in a May 15 response filed with U.S. District Judge Rudolph Contreras. Mr. Pope suggested political bias is behind the government’s charge.
“The government supports President Biden using the American flag to call for ‘free and fair elections,’ but the Biden administration criminalizes the American flag being used by those who support an opposition candidate and call for free and fair elections,” he wrote.
The DOJ filing has put a new spotlight on one of the most frequently charged crimes from Jan. 6: parading, demonstrating, or picketing in a Capitol building.
The petty misdemeanor carries a maximum penalty of six months in prison. Many Jan. 6 plea agreements have been based on a single violation of the parading statute.
The statute does not apply to members of Congress or their employees, or officers or employees of Congressional committees.
Under Title 40 U.S. Code §5104, a person may not “parade, stand or move in processions or assemblages in the grounds” or “display in the grounds a flag, banner or device designed or adapted to bring into public notice a party, organization, or movement.”
Hundreds of flags were paraded about Capitol grounds on Jan. 6, including many dozens brought inside the Capitol by protesters. These included American flags, Gadsden’s “Don’t Tread on Me” flags that date to 1775, a few Confederate flags, a large selection of flags supporting then-President Donald Trump, and numerous flags disparaging incoming President Joe Biden.
...
Mr. Pope won a significant victory on May 13 when federal prosecutors moved to dismiss two of the eight charges against him.
The DOJ asked Judge Contreras to dismiss Count 5, “impeding ingress and egress in a restricted building or grounds,” and Count 7, “impeding passage through the Capitol grounds or buildings.”
Mr. Pope faces a July 22 trial on the remaining six counts, however, he has asked Judge Contreras to delay the trial based on exculpatory evidence he says was not provided by prosecutors.
...
Posted on 5/15/24 at 3:35 pm to Night Vision
Now let's do burning it.
Posted on 5/15/24 at 3:36 pm to Night Vision
Hope these tyrants get theirs soon
Posted on 5/15/24 at 3:36 pm to Night Vision
Carrying a flag is illegal but burning one is constitutionally protected, huh?
Posted on 5/15/24 at 3:48 pm to Night Vision
Our resident moderate libertarians will attack the source of the article and ignore the facts included in the article because of it.
Posted on 5/15/24 at 3:52 pm to Night Vision
What else did he do while he was in the Capitol? I see there are 8 charges.
Posted on 5/15/24 at 3:56 pm to EZE Tiger Fan
The flag has nothing to do with it. It was his presence in the building.
Posted on 5/15/24 at 4:08 pm to idlewatcher
Certainly didn't have to worry that these commies would wave an American flag! Some of them got a $50 fine.
Posted on 5/15/24 at 4:14 pm to roadGator
quote:
The flag has nothing to do with it
It does, and they cited the statute
Posted on 5/15/24 at 4:17 pm to idlewatcher
quote:
Hope these tyrants get theirs soon
Who is going to give it to them?
Posted on 5/15/24 at 4:18 pm to Night Vision
DOJ will have to be purged of many people. It's obvious they are just dreaming up ways to go after people. Fabrications so they can put people in prison.
Posted on 5/15/24 at 4:22 pm to Night Vision
My country died without a fight.
Posted on 5/15/24 at 4:27 pm to Night Vision
quote:
Under Title 40 U.S. Code §5104, a person may not “parade, stand or move in processions or assemblages in the grounds” or “display in the grounds a flag, banner or device designed or adapted to bring into public notice a party, organization, or movement.”
Seems like the Palestinian flag that Rashida Tlaib has hanging outside her office (in the Capital building) violates that code as well. If not, I'll be damned if I can see how. Unless I am mistake she only put it up after Oct 7th.
More selective prosecution.
These are actual government problems that need to be pushed back on.
Posted on 5/15/24 at 4:31 pm to Night Vision
Carrying it, not freedom of speech. Burning it, freedom of speech. Make it make some sense to me please
Posted on 5/15/24 at 5:29 pm to roadGator
Try reading shite for brains
Posted on 5/15/24 at 5:57 pm to roadGator
quote:
The flag has nothing to do with it
Reading is hard.
quote:
It was his presence in the building.
Posted on 5/15/24 at 7:38 pm to Night Vision
How ridiculous has this all gotten?
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