President Donald Trump gestures next to first lady Melania Trump during UFC Freedom 250 on the South Lawn of the White House, Monday, June 15, 2026, in Washington. (Evan Vucci/Pool Photo via AP).
A federal judge slightly extended and expanded an order blocking the Trump administration from pulling permits of protesters displaying “8647” flags and signs on National Park Service property near the National Mall.
U.S. District Judge Randolph Moss on Monday first granted the Accountability Now USA plaintiffs” “good cause” request for a two-week extension of a temporary restraining order (TRO), noting that the DOJ has “not filed a brief in opposition” even as it registered its general opposition.
Next, the judge ruled that other variations of the “8647” flags — ones not addressed by his initial TRO — are “not reasonably construed as calls for violence and, instead, merely advocate for President Trump’s impeachment and removal from office.” Doubling down on his prior conclusions, the Barack Obama-appointed judge found “interim relief is warranted.”
Moss emphasized that the Trump administration cannot credibly insist that the protesters are threatening President Donald Trump’s life when they have repeatedly disavowed such violence.
“Notably, it is only the government—and certainly not Plaintiff—that has even suggested that the flag might reasonably be understood as a call for violence. That characterization ignores the relevant context and Plaintiff’s clear disavowals. The parties have not raised any changed circumstances that necessitate revisiting these determinations,” the judge said. “In particular, as part of its ongoing demonstration near the George Meade Statue on Constitution Avenue, Plaintiff is now displaying a sign that reads ‘SIGN OUR DECLARATION OF SUPPORT’ and ‘CONVICT. REMOVE.’ and that depicts an anthropomorphic raccoon, surrounded by a tree and flowers, holding a petition and waving an ‘8647’ flag. Plaintiff is also displaying a new flag, which is very similar to the flag addressed in the Court’s prior opinion. This flag is also red, white, and blue and star-spangled and includes the ‘8647’ insignia, but it also contains the phrase ‘IMPEACH TRUMP’ beneath that insignia.”
From there, Moss rejected the notion that any “reasonable observer” would look at these messages and see them as “true threats” or inciting words.
“Having reviewed these new displays and the context in which they are displayed, the Court concludes that, like the flag addressed in the Court’s prior opinion, these new displays are not reasonably construed as calls for violence and, instead, merely advocate for President Trump’s impeachment and removal from office. Indeed, if anything, they add further context that supports Plaintiff’s contention that the message at issue constitutes core political speech. As the Court has previously emphasized, context matters,” he added.
In the prosecution of former FBI Director James Comey, the government has claimed that some form of “8647” is a true threat.
Moss wrote earlier that “86” can — but typically does not — mean “to kill,” citing Merriam-Webster’s own description.
