A federal judge ruled Monday that a pro-impeachment protest group can keep flying a flag with a phrase President Donald Trump has called a death threat against him.
The group Accountability NOW USA has displayed a flag reading "8647" as part of a months-long demonstration outside a federal courthouse demanding Trump's impeachment.
"8647" turned up carved into the National Mall's lawn this month, and Trump blamed former FBI Director James Comey for inspiring it.
"Probably inspired by Dirty Cop, James Comey!" Trump wrote in a Truth Social post, warning of a "10 year prison sentence" for the damage.
In his ruling on Monday night, U.S. District Judge Randolph Moss wasn't persuaded that the phrase itself was dangerous.
"The term '86' is used far more often to mean 'throw out' than to 'kill,'" Moss wrote, "and it appeared at a demonstration that was focused, of all things, on the constitutional impeachment and 'removal' of the President."
Trump's National Park Service had ordered the flag removed, citing a federal law against threatening the president. Secret Service agents had even read one volunteer her Miranda rights.
"Just as the Constitution does not use the word 'remove' to mean to kill," Moss wrote, "Plaintiff did not use that word or the phrase '86' to mean to kill."
The judge also tossed out the government's separate claim that two of the group's signs were obscene. One read "TRUMP RAPED LITTLE GIRLS."
"Plaintiff's signs accusing President Trump of raping a minor might outrage or offend some," Moss noted, "but they do not, by any measure, cross the line from protected political speech to unprotected obscenity."
"Although the Court's opinion is lengthy, that does not mean that this is a hard case," the judge added. "It is not."
The ruling permanently bars the National Park Service from revoking the group's permit or seizing its signs and flags over the phrase.
