Judge rules ’86 47′ flag can stay near National Mall amid lawsuit
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An Obama-appointed federal judge temporarily blocked the National Park Service from removing an anti-Trump “86 47” flag near the National Mall, delivering a win to a progressive activist group and drawing sharp pushback from President Donald Trump’s Department of the Interior.
“This opinion is from an Obama-appointed judge. In what world have we lost all decency, to demand that any threat against the President be taken very seriously,” said a DOI spokesperson to Fox News Digital. “While the Department shall and does comply with the Court’s orders, this type of behavior should not be tolerated.”
Progressive group Accountability Now USA flew the flag near the National Mall alleging that the National Park Service violated their First Amendment rights by threatening to revoke their permit. U.S. District Judge Randolph Moss in Washington, D.C., granted a temporary restraining order Monday allowing the flag to remain displayed for now.
The dispute comes amid heightened administration scrutiny of “86 47” messages after the Department of Justice charged former FBI Director James Comey over a similar message.Â
A D.C. district judge permits activists to fly “86 47” flag near the National Mall. (Samuel Corum/Getty Images)
Comey was charged with two federal counts over an Instagram post last year showing seashells arranged to read “86 47,” and faces up to 10 years in prison if convicted.
The administration has interpreted the number “86” as a political threat, pointing to its common use in the restaurant industry to mean removing or refusing service and its perceived connection to Trump as the 47th president.
Comey has denied he intended any violent threat toward Trump, explaining he understood it meant leave or ditch.
LEGAL EXPERTS WARN COMEY ‘8647’ INDICTMENT FACES FIRST AMENDMENT HURDLES
James Comey is facing two federal charges and up to 10 years in prison for sharing an Instagram post showing seashells arranged to read “86 47.” (JEWEL SAMAD/AFP via Getty Images)
Moss was appointed to the federal bench by Obama after previously serving in Bill Clinton’s Justice Department. He has also contributed to and volunteered for Democratic candidates and causes.
The judge found the meaning of “86” ambiguous, noting the flag itself did not contain violent symbols and bore patriotic colors, writing “the evidence shows that Plaintiff displayed the 8647 flag to urge that Congress impeach and remove President Trump from office.”
Moss did note that “a true threat to the life or safety of the President would undoubtedly outweigh the interest of the public or the speaker in continuing to urge that unlawful conduct.”
Then-Republican presidential candidate Donald Trump pumps his fist as he is rushed offstage by U.S. Secret Service agents after being grazed by a bullet during a rally in Butler, Pa., on July 13, 2024. (Anna MoneymakerGetty Images)
Trump has repeatedly been targeted by violence, including just in April at the White House Correspondents’ Association Dinner.
There were two assassination attempts on Trump’s life in 2024, beginning in Butler, Pennsylvania, where a bullet grazed his ear after a gunman climbed onto a roof during a rally on July 13, 2024.
U.S. Magistrate Judge Zia Faruqui recently drew backlash from Trump allies after apologizing to Cole Allen, the suspect accused of plotting an assassination attempt tied to the White House Correspondents’ Dinner, over his treatment in custody.
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“At a minimum, I should be apologizing to him. We are obligated to make sure he’s taken care of. Mr. Allen, I’m sorry that things have not been the way they are supposed to,” said Faruqui.
The temporary restraining order for the flag case is in place for 14 days as litigation continues.
Fox News Digital reached out to Moss’ chambers for comment.
