Former President’s explosive remarks on “Pod Force One” ignite debate over free speech, federal authority, and California’s unrest.
WASHINGTON — President Donald Trump has reignited a fiery debate over protest tactics and federal authority, declaring that rioters who burn American flags during the ongoing Los Angeles unrest should face an automatic one-year jail sentence. In a wide-ranging interview on New York Post columnist Miranda Devine’s new podcast, Pod Force One, Trump also suggested that California Governor Gavin Newsom’s handling of the chaos could warrant criminal charges—a claim that has drawn sharp backlash from legal experts and Democrats.
The remarks come as Los Angeles enters its sixth day of violent protests following a federal immigration enforcement operation that spiraled into clashes between anti-ICE demonstrators and law enforcement. Over the weekend, footage of flag burnings, looted businesses, and assaults on federal officers dominated headlines, prompting Trump to deploy thousands of National Guard troops and Marines to restore order.
“Automatic One Year in Jail” for Flag Burning
Trump, known for his hardline stance on protest-related offenses, doubled down on his long-held belief that flag desecration should be a punishable crime.
“I happen to think if you burn an American flag—because they were burning a lot of flags in Los Angeles—I think you go to jail for one year,” Trump told Devine. “Just automatic.”
The former president’s position directly conflicts with decades of Supreme Court precedent, including a 1989 ruling (Texas v. Johnson) that affirmed flag burning as protected speech under the First Amendment. Even the late conservative Justice Antonin Scalia, whom Trump frequently praised, upheld this interpretation.
Legal scholars were quick to push back. “The Supreme Court has been clear: flag burning is political expression, however offensive,” said constitutional law professor Jonathan Turley. “Any attempt to criminalize it would require overturning settled law.”
Trump vs. Newsom: A Growing Feud
The interview also saw Trump taking fresh aim at Governor Newsom, whom he accused of failing to contain the riots and obstructing federal immigration enforcement. When asked if Newsom should face arrest for blocking ICE operations—a claim previously floated by Trump’s border czar, Tom Homan—the former president replied:
“Well, he’s not doing a good job. In theory, you could [charge him]. It’s almost like a dissipation of duty. Nobody’s ever seen anything like that.”
Trump recounted a late-night phone call with Newsom as violence erupted last Friday, in which he claims the governor dismissed the unrest as a “set-up.”
“I said, ‘You know, your city’s burning down. Your state is in bad trouble,’” Trump recalled. “All I want him to do is do a good job. I’d rather have him do a good job than a bad job, even though politically, I guess, you could take the other extreme. He’s doing a poor job.”
Newsom, meanwhile, has fired back, filing a lawsuit Monday accusing the Trump administration of violating states’ rights by federalizing the California National Guard. He also mocked Homan’s earlier arrest threats in an NBC interview: “Come after me. Arrest me. Let’s just get it over with, tough guy.”
Federal Crackdown and Escalating Tensions
The unrest began after ICE conducted a sweeping operation in Los Angeles, arresting 118 undocumented immigrants—including five alleged gang members and individuals with violent criminal records. Protesters, decrying the raids as inhumane, besieged a federal building, vandalizing property and assaulting officers.
The LAPD’s delayed response—reportedly taking two hours to intervene—drew condemnation from Homeland Security officials. Trump quickly mobilized 4,000 National Guard troops and 700 Marines, declaring: “If we didn’t do the job, that place would be burning down.”
Critics, however, accuse Trump of inflaming tensions for political gain. “This is a manufactured crisis,” said Rep. Alexandria Ocasio-Cortez (D-NY). “Instead of de-escalating, he’s exploiting division to rally his base.”
What’s Next?
With protests persisting and legal battles mounting, the clash between Trump and Newsom shows no signs of cooling. As debates over free speech, federal power, and immigration rage on, one thing is clear: the Los Angeles riots have become the latest flashpoint in America’s ongoing culture wars.
For more exclusive interviews with Washington’s power players, subscribe to Pod Force One with Miranda Devine.
