Carrying an American flag inside the Capitol is a federal offense?

5,580 Views | 70 Replies | Last: 8 mo ago by fightingfarmer09
aggiehawg
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4:15p, 5/15/24
AG
according to DOJ.

Quote:
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."
Quote:
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."
LINK

Just insane.
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jr15aggie
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In reply to aggiehawg • 4:16p, 5/15/24
AG
Not insane….intentional.
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4:17p, 5/15/24
pfo
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4:21p, 5/15/24
AG
I bet if they were carrying a Palestinian Flag, the politicized DOJ would say nothing.
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TexasAggiesWin
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In reply to pfo • 4:23p, 5/15/24
S
pfo said:
I bet if they were carrying a Palestinian Flag, the politicized DOJ would say nothing.
People are praised for carrying Ukraine flags around the Capitol
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deddog
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4:25p, 5/15/24
AG
DOJ is full of commies.
Shocker.
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American Hardwood
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4:28p, 5/15/24
AG
Just more lawfare to punish political opposition.

The argument that you can't have political viewpoints in the building designed to argue over and legislate political viewpoints is beyond ludicrous.
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Kyle Field Shade Chaser
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In reply to TexasAggiesWin • 4:28p, 5/15/24
AG
Put all the congressional dems in prison along side him, after all they waived the Ukraine flag inside a federal building.
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American Hardwood
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In reply to Kyle Field Shade Chaser • 4:29p, 5/15/24
AG
Don't forget rainbow flags.
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Cinco Ranch Aggie
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In reply to [removed post] • 4:31p, 5/15/24
AG
C@LAg said:
seems like a 1A issue the supreme court can *****-slap in about 2 seconds.
While true, it should never need to. The process of getting to the SC requires time and money, which this guy should not have to expend.

To hell with Democrats. All of them.
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25
TAMUallen
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4:32p, 5/15/24
AG
Bull****
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Slicer97
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In reply to Cinco Ranch Aggie • 4:34p, 5/15/24
AG
Cinco Ranch Aggie said:
To hell with Democrats. All of them.


Amen.
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Psycho Bunny
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4:35p, 5/15/24
Will my Ukraine Nazi flag be ok to carry onto capital hill? Asking anyone from the DOJ.
2025 sure started off with a bang.
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aggiehawg
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In reply to Kyle Field Shade Chaser • 4:35p, 5/15/24
AG
Kyle Field Shade Chaser said:
Put all the congressional dems in prison along side him, after all they waived the Ukraine flag inside a federal building.
Quote:
The statute does not apply to members of Congress or their employees, or officers or employees of Congressional committees.
As usual, they exempt themselves.
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Ag87H2O
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4:43p, 5/15/24
AG
The Republicans in the House should immediately file a bill making it legal to carry an American flag in the Capitol and force the Democrats to take a position.

Hang it like a noose around their necks going into the upcoming elections.
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sam callahan
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4:44p, 5/15/24
probably the death penalty for carrying a copy of the Constitution
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Tramp96
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In reply to pfo • 4:45p, 5/15/24
pfo said:
I bet if they were carrying a Palestinian Flag, the politicized DOJ would say nothing.
And I would not take your bet.
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bobbranco
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In reply to aggiehawg • 4:46p, 5/15/24
AG
All Trump's fault. ---> TDS afflicted.
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2040huck
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4:47p, 5/15/24
Uh, some of these poles were used as weapons. Dude looks like an idiot
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eric76
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4:48p, 5/15/24
AG
They do mention a flagpole, but the charge is about 5104(e)(2)(G)

See https://storage.courtlistener.com/recap/gov.uscourts.dcd.228004/gov.uscourts.dcd.228004.284.0.pdf

Note that 5104(e)(2)(G) makes no mention of flags. From https://www.law.cornell.edu/uscode/text/40/5104

Quote:
(2)Violent entry and disorderly conduct.An individual or group of individuals may not willfully and knowingly

...

(G)parade, demonstrate, or picket in any of the Capitol Buildings


There is also 5104(f)(2) which covers flags on the Grounds of the Capitol. Was he charged with this, as well?

Just out of curiosity, what all constitutes the "Capital Grounds"? Does that include the interiors of the buildings as well?
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bobbranco
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In reply to 2040huck • 4:48p, 5/15/24
AG
2040huck said:
Uh, some of these poles were used as weapons. Dude looks like an idiot
Who was gored?
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2040huck
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In reply to bobbranco • 4:49p, 5/15/24
bobbranco said:
2040huck said:
Uh, some of these poles were used as weapons. Dude looks like an idiot
Who was gored?
Who was hit with a pole?
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aggiehawg
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4:52p, 5/15/24
AG
From the OP:

Quote:
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.
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Trajan88
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4:53p, 5/15/24
AG
And this America-last Representative gets away with this because the law exempts her and her colleagues.

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eric76
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4:54p, 5/15/24
AG
Perhaps the law should be amended as such:
Quote:
It is a defense to prosecution if the defendant was bearing an American Flag at the time of the offense.
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bobbranco
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In reply to 2040huck • 4:55p, 5/15/24
AG
2040huck said:
bobbranco said:
2040huck said:
Uh, some of these poles were used as weapons. Dude looks like an idiot
Who was gored?
Who was hit with a pole?
Exactly. Who? Asking you.
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Urban Ag
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In reply to deddog • 4:55p, 5/15/24
AG
deddog said:
DOJ is full of commies.
Shocker.
Commies and fascist pigs.

Yeah libs, that's your people and you're everything we've said you are or aspire to be.

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Tramp96
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In reply to 2040huck • 4:55p, 5/15/24
2040huck said:
bobbranco said:
2040huck said:
Uh, some of these poles were used as weapons. Dude looks like an idiot
Who was gored?
Who was hit with a pole?
Stormy Daniels
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bobbranco
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In reply to Trajan88 • 4:56p, 5/15/24
AG
Trajan88 said:
And this America-last Representative gets away with this because the law exempts her and her colleagues.

Another traitorous Democrat.
And the wench would be stoned by her people.
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Psycho Bunny
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In reply to Tramp96 • 4:56p, 5/15/24
bobbranco
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In reply to Tramp96 • 4:57p, 5/15/24
AG
Tramp96 said:
2040huck said:
bobbranco said:
2040huck said:
Uh, some of these poles were used as weapons. Dude looks like an idiot
Who was gored?
Who was hit with a pole?
Stormy Daniels
That's a 3-fer.
Slapped.
Gored.
And sprayed.
By the pole.
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Rockdoc
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In reply to 2040huck • 5:00p, 5/15/24
AG
2040huck said:
Uh, some of these poles were used as weapons. Dude looks like an idiot

So he was charged with carrying a poll? Man you'll cover for anything won't you.
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Tramp96
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In reply to Rockdoc • 5:00p, 5/15/24
Rockdoc said:
2040huck said:
Uh, some of these poles were used as weapons. Dude looks like an idiot

So he was charged with carrying a poll? Man you'll cover for anything won't you.
No polling inside the Capitol!!
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Harry Stone
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5:01p, 5/15/24
AG
There are dems on this site that are glad this happened. Think about that for a second
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Rockdoc
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In reply to Tramp96 • 5:02p, 5/15/24
AG
Tramp96 said:
Rockdoc said:
2040huck said:
Uh, some of these poles were used as weapons. Dude looks like an idiot

So he was charged with carrying a poll? Man you'll cover for anything won't you.
No polling inside the Capitol!!

Wow maybe you have a point!
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