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Chief Judge James Boasberg, a Barack Obama appointee, set a 17 Oct deadline for Carey's lawyers to file a motion to dismiss the case on constitutional grounds. Carey is due back in court on 1 Dec for a status hearing. SCOTUS has ruled that flag burning is a legitimate political expression protected by the Constitution. As you can read from the charging document, an Executive Order is not law, so AUSA Jeanine "Hic!" Pirro could only file an applicable Information regarding setting a fire in an unauthorized manner. The word "flag" does not appear once in the verbiage. Link: AUSA Jeanine Pirro Charging Dox. Jan Carey served in the US Army from 1989 to 2012 and was deployed to Iraq and Afghanistan while Dummkopf Trumpf evaded his patriotic duty to serve in Vietnam. His superrich white supremacist father engineer him a draft deferment with a Queens, NY podiatrist, hence earning the Dotard-in-Chief the appropriate and eternal sobriquet "Cadet Bone Spurs" since he was physically fit enough to attend a junior military academy, but inexplicably not physically fit enough to serve in Vietnam. Jan Carey proclaimed after the hearing: "I served this country for over 20 years, having taken an oath to upheld our Constitution. I did not take an oath to serve a dictator, a tyrant or a wannabe king."