Asheville-area resident Jan "Jay" Carey, 54, was arrested Aug. 25, after burning an American flag outside of the White House.

Carey, who is disabled and is a veteran of the U.S. Army, pleaded not guilty to the charges on Sept. 17. A motion to dismiss the charges was filed Oct. 24.

Carey's attorneys claim the charges brought against him are ambiguous and aren't applicable to flag burning. He is the subject of 'vindictive prosecution,' they said in the filing.

The Western North Carolina veteran who was arrested after burning an American flag in Lafayette Park has filed a motion to dismiss charges brought against him, with his attorneys arguing the law he was charged under is inapplicable to flag burning and that he is being "vindictively prosecuted."

On Aug. 25, Asheville-area resident

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