Burning the American flag is indeed considered a protected form of speech under current Supreme Court law. Additionally, I agree with that case law, as protecting speech is crucial in politics. But neither President Trump's executive order nor its critics are getting what it actually does.

Trump's order is designed to skirt Supreme Court precedent, at least in theory. It states, "The Attorney General shall prioritize the enforcement to the fullest extent possible of our Nation's criminal and civil laws against acts of American Flag desecration that violate applicable, content-neutral laws, while causing harm unrelated to expression, consistent with the First Amendment."

That description instructs the Attorney General to examine the edges of case law and identify ways to incorporate flag desecration into a broader case against an individual.

The order lays out, "This may include, but is not limited to, violent crimes; hate crimes, illegal discrimination against American citizens, or other violations of Americans' civil rights; and crimes against property and the peace, as well as conspiracies and attempts to violate, and aiding and abetting others to violate, such laws."

Here's where this kicks in. In deep-blue, Democratic-run cities, they've used flag burning as part of their prosecution of hate crime laws. For example, in June, Atlanta police and prosecutors used desecration of the pride flag as a means to push hate crimes.

Local reporting said, "Atlanta police say three men and a juvenile could face hate crimes charges after they pulled down LGBTQ+ pride flags and cut them up at an intersection known as the center of the city's LGBTQ+ community." New York police have done similar things, using vandalism of trans flags as part of their criminal prosecutions.

What's good for the goose is good for the gander. If you can be prosecuted for vandalizing pride flags, then you absolutely can be charged for desecrating the American flag. No one has raised concerns about free speech regarding these types of facts.

Where would Trump's executive order kick in? Most likely, at your nearest campus protest involving pro-Palestinian protestors. What are some common similarities at such events? We've seen rampant antisemitism, calls for the eradication of Jews, illegal immigrants piling in, and, to top things off, the burning of American and Israeli flags.

If we were to swap out those far-left protestors for white nationalists and have them burning pride flags and American flags, while saying everything else about Israel, we'd get prosecution in Democratic-run cities. Trump is ordering the same treatment for those who burn the American flag at these events.

If you can't burn the pride flag, you can't burn the American flag. The reverse is true, too. That's the clever turn in Trump's executive order. He's having the Department of Justice link the burning of the American flag to the cases of people committing other illegal acts. Burning the American flag provides prosecutors with an extra charge, so to speak.

Will the Supreme Court uphold it? Who knows. But it's incorrect to say the Court has ruled on this specific issue. If Democratic-run cities are going to demand people treat radical leftist golden calves with better treatment than the national flag, people won't hold that. The courts will have to take a stance on this one.

And that brings us to the second part of this order: it's very clearly daring Democrats and their activists to burn flags. At the peak of the far-left riots over ICE, Democratic lawmakers and activists were looking for ways to get arrested.

Those same people will want to do everything in their power to get arrested, burning the American flag. And if they do, it will benefit Donald Trump and Republicans heading into the midterms. Trump is the matador waving a red flag at furious Democrats.

If they are smart, they don't touch this with a 10-foot pole. But we've already seen Democratic activists burning flags and chanting racist slogans with other pro-Palestinian and anti-Israel groups. Trump is daring them to be themselves.

It's hard to avoid the conclusion that they will do precisely that. Heading into a midterm year, Americans will be reminded of what Democrats believe. There's a lot of hatred and resentment towards the United States of America from people who have lost their minds.

Trump's 2024 campaign could be boiled down to this: Democrats are for they/them, and Trump is for you. Flag burning keeps this message alive, and undercuts whatever messaging Democrats are trying to gin up.

There are points to sort out with the courts, but the political trap has been set. Can Democrats avoid the obvious trap thathas been set? It seems unlikely.