SouthernWorldwide.com – A federal judge appointed by former President Obama has issued a temporary injunction, preventing the National Park Service from removing an anti-Trump flag. The flag, displaying the message “86 47,” was flown by a progressive activist group and its temporary placement near the National Mall marks a significant development in the ongoing dispute, drawing strong opposition from President Trump’s Department of the Interior.
The progressive group, Accountability Now USA, claims the National Park Service infringed upon their First Amendment rights by threatening to revoke their permit for displaying the flag. U.S. District Judge Randolph Moss in Washington, D.C., granted a temporary restraining order on Monday, allowing the flag to remain in place for the time being.
This controversy emerges amidst heightened scrutiny from the administration concerning messages that use “86 47.” The Department of Justice had previously charged former FBI Director James Comey over a similar message.
James Comey faced two federal counts stemming from an Instagram post last year. The post featured seashells arranged to spell out “86 47,” and a conviction could result in a sentence of up to 10 years in prison.
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The administration has interpreted the number “86” as a potential political threat. They point to its common usage in the restaurant industry, where it signifies removing or refusing service. This interpretation is then linked to President Trump, who is the 47th president.
Comey himself has denied any intention of making a violent threat against Trump. He explained that his understanding of “86” was to mean “leave” or “ditch.”
Judge Moss, who was appointed to the federal bench by President Obama, previously served in Bill Clinton’s Justice Department. He has also actively contributed to and volunteered for Democratic candidates and causes.
The judge found the meaning of “86” to be ambiguous. He noted that the flag itself did not contain violent imagery and instead featured patriotic colors. Judge Moss wrote that “the evidence shows that Plaintiff displayed the 8647 flag to urge that Congress impeach and remove President Trump from office.”
However, Moss also acknowledged 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.”
President Trump has been the target of violence on multiple occasions, including an incident in April at the White House Correspondents’ Association Dinner.
In 2024, there were two documented assassination attempts on Trump’s life. The first occurred on July 13, 2024, in Butler, Pennsylvania, where a bullet grazed his ear. This happened after a gunman climbed onto a roof during a rally.
More recently, U.S. Magistrate Judge Zia Faruqui faced criticism from Trump allies. This backlash followed her apology to Cole Allen, the suspect accused of plotting an assassination attempt linked to the White House Correspondents’ Dinner, regarding his treatment while in custody.
“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,” Judge Faruqui stated.
The temporary restraining order for the flag case is set to remain in effect for 14 days, during which the litigation will continue to unfold.
