A federal judge has extended and expanded an order blocking the Trump administration from revoking permits for protesters displaying '8647' flags near the National Mall, after the Department of Justice failed to file a formal opposition brief in the case.
Background
U.S. District Judge Randolph Moss initially issued a temporary restraining order (TRO) protecting Accountability Now USA plaintiffs who were displaying flags bearing the number sequence '8647,' which critics interpret as advocating for President Donald Trump's removal from office. The dispute arose when National Park Service officials attempted to pull permits for demonstrations near the George Meade Statue on Constitution Avenue.
The case gained additional complexity when new protest displays emerged, including a sign reading 'CONVICT. REMOVE.' featuring an anthropomorphic raccoon holding a petition and waving an '8647' flag, along with a redesigned red, white, and blue banner containing both the insignia and the phrase 'IMPEACH TRUMP.'
The Investigation
The Justice Department had registered general opposition to the plaintiffs' request for extension but notably failed to file a substantive brief in court. Moss, an appointee of former President Barack Obama, seized on this procedural absence.
"Notably, it is only the government—and certainly not Plaintiff—that has even suggested that the flag might reasonably be understood as a call for violence," Moss wrote in his ruling. "That characterization ignores the relevant context and Plaintiff's clear disavowals."
The judge cited previous government arguments from unrelated prosecutions, including the prosecution of former FBI Director James Comey, where authorities claimed '8647' constituted a true threat. However, Moss rejected that interpretation in this context.
"Having reviewed these new displays and the context in which they are displayed, the Court concludes that, like the flag addressed in the Court's prior opinion, these new displays are not reasonably construed as calls for violence and, instead, merely advocate for President Trump's impeachment and removal from office," Moss ruled.
The judge emphasized that protesters have repeatedly disavowed any violent intent, undermining the government's ability to argue the messages represent credible threats.
Key Takeaways
- DOJ failed to file a formal brief in opposition despite registering general objection to extension request
- Judge expanded TRO to cover additional protest displays featuring 'IMPEACH TRUMP' messaging
- Ruling marks second judicial rejection of government's characterization of flags as true threats
- Demonstrators near George Meade Statue permitted to continue displaying controversial imagery
- Moss noted protesters have consistently disavowed any violent intentions
What's Next
The two-week extension granted by the court will remain in effect while litigation continues. The administration could choose to appeal or file a renewed motion challenging the permit revocations, though such efforts would need to overcome the judge's finding that the speech at issue constitutes protected political expression rather than unprotected threats.
No criminal charges have been filed against any of the protesters involved in this case.