Obama judge hands progressives a win over anti-Trump ’86 47′ message amid rising threats

An Obama-appointed federal judge has issued a final ruling allowing an anti-Trump “86 47” flag to be flown, delivering a win to a progressive activist group as the National Mall remains a hot zone for vandalism and threats against President Donald Trump.

Progressive group Accountability Now USA flew the flag near the National Mall, and alleged that the National Park Service (NPS) violated their First Amendment rights by threatening to revoke their permit. U.S. District Judge Randolph Moss in Washington, D.C., ruled on Monday that the flag is protected political speech.

The administration has previously interpreted the number “86” as a political threat, pointing to its common use in the restaurant industry to mean removing or refusing service, while 47 appears to refer to Trump as the 47th U.S. president.

“This opinion is from an Obama-appointed judge. Flying a flag that is a threat to the Office of the President of the United States should not be permitted under any administration,” a Department of Interior spokesperson told Fox News Digital. “In what world have we lost all decency to demand that any threat against the President be taken very seriously?”

OBAMA JUDGE CLEARS LEFT-WING GROUP TO FLY OMINOUS FLAG AIMED AT TRUMP ON HIS OWN TURF

“[Its] ‘8647’ flag… is not a true threat to the President or incitement of violence,” Moss said in his ruling.

The group also displayed two flags accusing President Trump of sexually assaulting a minor. Moss ruled that those displays are “not legally obscene” and therefore remain protected by the First Amendment.

Moss was appointed to the federal bench by former President Barack Obama after previously serving in former President Bill Clinton ’s Justice Department. He has also contributed to and volunteered for Democratic candidates and causes.

OBAMA JUDGE CLEARS LEFT-WING GROUP TO FLY OMINOUS FLAG AIMED AT TRUMP ON HIS OWN TURF

The judge noted in a previous order on the case 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.”

The dispute over the nature of the messaging comes amid heightened administration scrutiny of “86 47” messages after the giant numbers appeared to be etched into the grass between the Washington Monument and the World War II memorial last month.

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Grass samples were also collected for testing and examination in the area by investigators.

America’s 250th birthday brings major events to the nation’s capital as D.C. braces for massive crowds, tight security, road closures and heightened law enforcement presence.

Trump will attend the “Salute to America” event on July 4th. His remarks are expected to begin around 9 p.m. ET, prior to a massive fireworks display on the National Mall that has been touted by the administration as the largest in history.

In April, there was an assassination attempt against Trump at the White House Correspondents’ Association Dinner, where a shooter attempted to break into the ballroom. The fallout from the latest attempt comes as the anniversary of the Butler, Pa., rally approaches on July 13. 

A bullet came close to ending Trump’s life that day in 2024 after it grazed his ear. And just two months later, another attempt on his life occurred when a man with a rifle was arrested in Southern Florida after he stuck a rifle through the bushes where Trump was golfing that day. 

Meanwhile, the National Mall has garnered special attention this year following a string of vandalism against the Reflecting Pool and monuments. The pattern emerged after Trump ordered a restoration and repainting of the reflecting pool, which was then met with “razor-blade cuts” to its lining, according to the White House.