The judge rules that the ’86 47′ flag can remain near the National Mall during the trial

An Obama-appointed federal judge has temporarily blocked the National Park Service from removing an anti-Trump “86 47” flag near the National Mall, delivering a victory for a group of progressive activists and a blow to President Donald Trump’s Interior Department.

“This opinion comes from a judge appointed by Obama. In what country have we lost all respect, to demand that any threat against the President be taken seriously,” said a DOI spokesperson on Fox News Digital. “While the Department will and is complying with the Court’s orders, this type of behavior should not be tolerated.”

The progressive group Accountability Now USA flew a flag near the National Mall alleging that the National Park Service violated their First Amendment rights by threatening to revoke their permit. US District Judge Randolph Moss in Washington, DC, issued a temporary restraining order on Monday allowing the flag to remain displayed for now.

The dispute comes amid the administration’s scrutiny of the “86 47” messages after the Justice Department charged former FBI Director James Comey with a similar message.

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Comey was indicted on two federal charges over an Instagram post last year showing seashells arranged to read “86 47,” and faces up to 10 years in prison if convicted.

Administrators interpreted the number “86” as a political threat, pointing to its common use in the restaurant industry to mean to remove or refuse service and the perceived connection to Trump as the 47th president.

Comey denied that he intended to threaten Trump with violence, explaining that he understood it to mean leave or fire.

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James Comey is facing two federal charges and up to ten years in prison for sharing an Instagram post showing sea shells arranged to read “86 47.” (JEWEL SAMAD/AFP via Getty Images)

Moss was appointed to the federal bench by Obama after previously serving in Bill Clinton’s Justice Department. He also donated and volunteered for Democratic Alliance elections and causes.

The judge found the meaning of the word “86” ambiguous, noting that the flag itself does not contain violent symbols and has patriotic colors, writing “the evidence shows that the plaintiff displayed the 8647 flag to encourage Congress to impeach and remove President Trump from office.”

Moss noted that “the actual threat to the life or safety of the President will undoubtedly outweigh the public interest or the speaker’s continued encouragement of such unlawful conduct.”

Then-Republican presidential candidate Donald Trump pumps his fist as he is chased by US Secret Service agents after being shot during a rally in Butler, Pa., on July 13, 2024. (Anna MoneymakerGetty Images)

Trump has been repeatedly targeted for violence, including just in April at the White House Correspondents’ Association Dinner.

There have been two assassination attempts on Trump in 2024, starting in Butler, Pennsylvania, where a bullet grazed his ear after a gunman climbed onto the roof during a rally on July 13, 2024.

U.S. Magistrate Judge Zia Faruqui recently drew criticism from Trump supporters after she apologized to Cole Allen, the alleged mastermind behind the White House Correspondents’ Dinner, for his treatment in custody.

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“At least I have to apologize to him. We have a responsibility to make sure he is taken care of. Mr. Allen, I’m sorry things didn’t turn out the way they should have,” Faruqui said.

The temporary ban on the flag case is in effect for 14 days while the trial continues.

Fox News Digital has reached out to Moss’ offices for comment.