A federal judge appointed by former President Barack Obama is allowing the National Park Service to fly an anti-Trump “86 47” flag near the National Mall.
The ruling left the DOI disgruntled, Fox News reported.
“This opinion is from an Obama-appointed judge. In what world have we lost all decency, to demand that any threat against the President be taken very seriously,” a DOI spokesperson told Fox News Digital. “While the Department shall and does comply with the Court’s orders, this type of behavior should not be tolerated.”
The progressive group Accountability Now USA flew the flag near the National Mall.
It alleged the National Park Service violated its First Amendment rights by threatening to revoke the permit.
U.S. District Judge Randolph Moss in Washington, D.C., granted a temporary restraining order Monday. The ruling allows the flag to remain displayed for now.
The message “86 47” has been controversial since the Department of Justice charged former FBI Director James Comey after he created the messageon a beach with shells.
Comey was charged with two federal counts and faces up to 10 years in prison if convicted.
The Trump administration has interpreted the number “86” as a political threat, pointing to its common use in the restaurant industry to mean removing or refusing service. The “47” is allegedly in reference to President Donald Trump as the 47th president.
Comey has denied he intended any violence towards Trump. He said he thought it meant leave or ditch.
Moss was appointed to the federal bench by Obama. He previously served in Bill Clinton’s Justice Department. He has also contributed to and volunteered for Democratic candidates and causes.
Moss found the meaning of “86” ambiguous and noted the flag itself did not contain violent symbols and bore patriotic colors.
“The evidence shows that Plaintiff displayed the 8647 flag to urge that Congress impeach and remove President Trump from office,” the judge wrote.
Moss wrote “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.”
