A federal judge in Washington, D.C., ruled on June 2, 2026, that protesters displaying a flag with the message '86 47' near the U.S. Capitol are engaging in protected political speech rather than making a threat against President Donald Trump. U.S. District Judge Randolph Moss, appointed by former President Barack Obama, supported Accountability Now USA, an advocacy group protesting for Trump's impeachment, after the group reported pressure from law enforcement to remove the flag and other signs.
This ruling comes amid a separate legal case involving former FBI Director James Comey, who was indicted for allegedly threatening the president through an Instagram post featuring seashells arranged to form '86 47.' The Trump administration contends that '86' can imply a violent action, while '47' is interpreted as a reference to Trump as the nation's 47th president.
Judge Moss noted that '86' originated from 1930s soda-counter slang, meaning to 'throw out' or 'get rid of,' and that dictionaries have not widely adopted a violent interpretation of the term. Accountability Now USA obtained a National Park Service permit in April to demonstrate near the George Gordon Meade Memorial, with plans to renew it when it expires in August. Members of the group reported contentious encounters with Secret Service and National Park Service officials, including demands to remove signs referencing Trump's association with Jeffrey Epstein.
After raising the '86 47' flag, the group faced scrutiny from Secret Service agents, who inquired if the flag was a threat. A volunteer clarified their intent, stating they wanted Trump to 'live forever and rot in jail where he belongs.' The Justice Department has emphasized the importance of investigating potential threats against the president, citing over 1,300 instances of the phrase '86-47' being used, primarily in online contexts.
