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‘Unconstitutional’: Trump Under Fire for Pushing Jail Time for Flag Burning

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In 1989, the U.S. Supreme Court ruled that burning an American flag is protected free speech under the First Amendment, but President Donald Trump on Monday signed an executive order that he said mandates that flag burners be prosecuted and ordered to spend one year behind bars with no possibility of parole.

Under the Constitution, presidents lack the authority to overrule the Supreme Court or mandate punishments.

The executive order, according to a Trump administration official, directs prosecution in cases that “wouldn’t fall afoul of the First Amendment.”

The order is titled, “Prosecuting Burning of the American Flag.”

“The order would not attempt to criminalize burning the American flag,” Axios reported, “but would direct Attorney General Pam Bondi to review cases where the flag has been set ablaze and determine what charges could be brought under existing laws.”

READ MORE: ‘Cozying Up to Putin’: VP Scorched for Russia-Promoting Rewrite of World Wars

It also orders the Attorney General to “prosecute people who ‘desecrate’ the American flag and to detain and remove immigrants who have been accused of such behavior,” according to The Washington Post. And it orders the Attorney General to find a case to challenge the 36-year-old 5-4 Supreme Court precedent.

Last year, a video appeared to show Trump signing an American flag.

The Independent called the executive order “one of biggest challenges to the First Amendment in decades.”

“This is very important,” President Trump declared in an Oval Office event surrounded by top advisors and Cabinet officials, including Attorney General Pam Bondi.

“Flag burning, all over the country, they’re burning flags,” Trump claimed. “All over the world, they burn the American flag, and as you know, through a very sad court, I guess there was a five to four decision. They called it freedom of speech, but there’s another reason, which is perhaps much more important.”

“It’s called death, ’cause what happens when you burn a flag is the area goes — it’s crazy. If you have hundreds of people, they go crazy. You can do other things, you can burn this piece of paper, you can. And it’s. But when you burn the American flag, it incites riots,” Trump claimed. “At levels that we’ve never seen before, people go crazy. In a way, both ways, there are some that are going crazy for doing it. There are others that are angry, angry about them doing it.”

The President told reporters, “the penalty is going to be, if you burn a flag, you get one year in jail, no early exits, no nothing. You get one year in jail. If you burn a flag, you get. And what it does is incite to riot.”

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“You get one year in jail, and it goes on your record,” the President claimed. “And you will see flag burning stopping immediately, just like when I signed the Statue and Monument Act. Ten years in jail, have you hurt any of our beautiful monuments? Everybody left town. They were gone. Never had a problem after that. It’s pretty amazing. We stopped it.”

The President, without offering evidence, also claimed that some flag burners are simply “paid agitators, they’re paid by the radical left to do it. You talk to these people, they don’t even know half of them, don’t even know what they’re doing.”

Critics blasted the President.

“The Supreme Court ruled decades ago that burning an American flag is protected free speech,” wrote attorney Aaron Reichlin-Melnick. “Any prosecution that is the result of this executive order is by definition unconstitutional.”

The Bulwark’s Sonny Bunch pointed to this 2015 quote form the late Supreme Court Justice Antonin Scalia:

“If it were up to me, I would put in jail every sandal-wearing, scruffy-bearded weirdo who burns the American flag,” Scalia said. “But I am not king.”

“This flag burning executive order has it all,” wrote Nico Perrino, executive vice president of The Foundation for Individual Rights and Expression (FIRE). “Symbolic expression is ‘violence’ against the nation. Heckler’s veto justifications for censorship. Misinterpretation/narrowing of the Brandenburg incitement standard. A revitalization of the ‘fighting words’ doctrine.”

In a statement, FIRE wrote: “President Trump may believe he has the power to revise the First Amendment with the stroke of a pen, but he doesn’t. Flag burning as a form of political protest is protected by the First Amendment. That’s nothing new.”

Constitutional law professor Anthony Michael Kreis wrote: “Patently unconstitutional. 18 USC §700 has been void since Tex. v. Johnson (1989) and U.S. v. Eichman (1990) under the 1A. Second, there is no federal authority for an anti-flag-burning statute. The national government does not have a general police power.”

Watch the video below or at this link.

READ MORE: ‘Who’s Gonna Tell Him to Leave the White House?’: George Conway’s Dire Warning on Trump

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Trump Mocked for ‘Unhinged Tantrum’ as ‘Trump Station’ Story Shifts Again

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President Donald Trump’s latest rant contradicts the White House’s version of events surrounding his continued focus on renaming New York’s Penn Station “Trump Station” — as the president also continues to appear to tie funding for the already-approved New York-New Jersey Gateway Tunnel project to a potential name change.

White House press secretary Karoline Leavitt last week specifically stated that President Trump “floated” renaming Penn Station (and Washington-Dulles Airport) with Senate Democratic Minority Leader Chuck Schumer, as TIME reported.

Trump had claimed that it was Leader Schumer who made the suggestion.

Now, Trump is claiming that multiple politicians suggested the name change, as did various union leaders.

“Also, the naming of PENN Station (I LOVE Pennsylvania, but it is a direct competitor to New York, and ‘eating New York’s lunch!’) to TRUMP STATION, was brought up by certain politicians and construction union heads, not me – IT IS JUST MORE FAKE NEWS!”

READ MORE: ‘This Is Authoritarianism’: Experts Warn on US Midterm Elections

New York’s Pennsylvania Station was named for the Pennsylvania Railroad — which built the original terminal over a century ago — not the state of Pennsylvania.

The president also attacked the Gateway Tunnel project, calling it a “future boondoggle” that will “cost many BILLIONS OF DOLLARS more than projected or anticipated” and be “financially catastrophic for the region.”

Some mocked the president’s remarks.

“A completely unhinged tantrum from someone who didn’t get their way,” commented U.S. Senator Andy Kim (D-NJ). “

I don’t know one person in NJ, Republican or Democrat, who doesn’t see the power and value of the Gateway Tunnel Project.”

The Independent’s White House correspondent Andrew Feinberg asked, “Does he think Penn Station was named after the Commonwealth?”

READ MORE: Far Right Extremist Leader Puts Trump on Notice Over Epstein Files

 

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‘This Is Authoritarianism’: Experts Warn on US Midterm Elections

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The United States is facing a major test of American democracy as experts warn that the Trump administration is dragging the nation into “some form of autocracy,” NPR reports.

The U.S. has already crossed the threshold and become an “electoral autocracy,” Staffan I. Lindberg, the director of Sweden’s V-Dem Institute, told NPR.

“I would argue that the United States in 2025-26 has slid into a mild form of competitive authoritarianism,” said Steven Levitsky, a professor of government at Harvard University and co-author of How Democracies Die. “I think it’s reversible, but this is authoritarianism.”

“Under competitive authoritarianism,” NPR explained, “countries still hold elections, but the ruling party uses various tactics — attacking the press, disenfranchising voters, weaponizing the justice system and threatening critics — to tilt the electoral playing field in its favor.”

Levitsky cited several critical points in September as examples, including the Trump administration’s threat against ABC parent company Disney following host Jimmy Kimmel’s remarks on the killing of Charlie Kirk.

READ MORE: ‘Backtracking and Blowing Things Up’ Defines Trump’s ‘Whiplash’ Second Year: Report

“We can do this the easy way or the hard way,” Brendan Carr, the chairman of the Federal Communications Commission (FCC), said.

He also cited Trump’s proposal to use American cities as “training grounds” for troops.

“We should use some of these dangerous cities as training grounds for our military, National Guard, but military,” Trump said, as the Military Times reported.

The president “told the commanders that defending the homeland was the military’s ‘most important priority’ and suggested the leaders in attendance could be tasked with assisting federal law enforcement interventions against an ‘invasion from within’ Democratic-led cities, such as Chicago and New York City.”

“No different than a foreign enemy,” Trump said, “but more difficult in many ways because they don’t wear uniforms.”

Levitsky, NPR reported, “said this is the kind of language dictators in South America used in the 1970s — leaders like Augusto Pinochet in Chile.”

NPR notes that the “next big test” could come during the midterms.

Kim Scheppele, a Princeton University sociologist who has studied the authoritarian tactics of Hungarian Prime Minister Viktor Orbán, warned that in 2014 Orbán’s government “disenfranchised almost all the Hungarians in the U.K., most of whom were oppositional to Orbán,”

Dartmouth College professor of government Brendan Nyhan warned, “The way Election Day works in this country, there are no do-overs.”

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‘Backtracking and Blowing Things Up’ Defines Trump’s ‘Whiplash’ Second Year: Report

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If Americans during President Donald Trump’s first term were exhausted by his “controversy and chaos,” they now appear to be similarly distressed by his “backtracking and blowing things up,” according to a report by Politico.

In the second year of his second term, President Trump “intensified the volatility” from year one “with a succession of whiplash-inducing policy swings, several of which have almost immediately withered in the face of Republican opposition and public outcry.”

For example, the Trump administration just withdrew thousands of federal law enforcement officers from Minneapolis, following the two violent deaths of U.S. citizens and after “clashes with protesters turned the tide of public opinion against the president’s immigration crackdown.”

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There is the Greenland gambit, which appears to be paused, at least for now. There were the “Liberation Day” tariffs he announced in April, only to partially, but quickly, lower them “within days following tremors in global bond markets.”

Trump threatened to decertify Canadian aircraft, then dropped the threat. He declared he would drop credit card interest rates to ten percent, then dropped that, too, and in a rare move, asked Congress for legislation to do so. His push to create 50-year mortgages appears to have subsided.

He paused millions of dollars in Centers for Disease Control and Prevention (CDC) funding for state programs, then reversed course about a day later.

“The whiplash has real implications,” Chrissie Juliano, the executive director of the Big Cities Health Coalition, told Politico. “It’s incredibly disruptive, even if you can get back to continuing the work, you know, two days later.”

Domestically and internationally, Trump’s “unpredictability” has become a “feature, not a bug.”

“In many matters, especially negotiations with other countries, his mercurial opacity is often an attempt to gain leverage, but his threats seemingly lead just as often to backtracking as blowing things up, be they Iranian missile depots, Venezuelan drug boats or the transatlantic alliance,” Politico reported.

READ MORE: ‘No Going Back’: Report Warns Post-MAGA America Will Never Be the Same

The risks are real.

“Even proposals that don’t ultimately move forward have consequences,” a financial industry insider, who was granted anonymity to speak candidly without fear of blowback from the White House, told Politico. “Markets react. Issuers reassess risk. When policymakers float price controls, it creates uncertainty that can translate into tighter underwriting and reduced access — particularly for higher-risk or lower-income consumers.”

Trump’s poll numbers are now at the lowest point of his second term, Republican pollster Whit Ayres told Politico.

“There’s a sense that this is a pretty chaotic administration and seems to remind people of the pandemic period in the first term,” Ayres said.

When a president’s approval rating is above 50 percent, the party in the White House loses House seats in the midterms, “but not that many,” Ayres noted. “When the president’s job approval is below, the average loss of seats is 32.”

Ayres “said that Trump’s approval numbers largely mirror those from his first term, when the public over four years grew exhausted by constant controversy and chaos.”

“Joe Biden’s fundamental message in 2020 was to restore normalcy,” Ayres said. “And that seemed to be persuasive to enough people to get him elected.”

READ MORE: ‘Political Stunt’: Trump Admin Rages After NYC Re-Raises Pride Flag at Stonewall

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