President Donald Trump ordered U.S. flags lowered nationwide to honor slain conservative activist Charlie Kirk, but New York and New Jersey did not follow the directive and kept flags at full staff, drawing criticism from conservative activists and clarifying questions about the scope of presidential authority over flag status.
Trump signed a proclamation on Wednesday directing flags on federal property to be flown at half-staff through Sunday at 6 p.m., calling Kirk “a truly Great American Patriot.” Flags at the White House were lowered that afternoon. New Jersey's official state flag status that day was listed as “full staff,” and Bergen County said it was following the state’s daily guidance rather than the president’s proclamation. New York likewise kept flags at full staff, while Pennsylvania and Delaware moved to lower flags in observance of the president’s order.
A Bergen County spokesperson told local media the county follows the state’s guidance on flag status and reiterated in a Facebook post that the county “condemns all forms of political violence and rejects hate in every form.” The county’s position set off a backlash among conservatives who said local officials were defying a federal directive. Republican commissioner candidate Jay Costa posted on Instagram that Bergen County officials were “ignoring federal orders” and said voters would hold Democrats accountable at the ballot box in November.
Legal experts and vexillologists noted the limits of presidential authority on the matter. "States, businesses and private individuals have the choice to follow the federal government or not," vexillologist Michael Green told NJ Advance Media. Attorneys say the president can order flags lowered on federal property and for federal agencies, but state and local governments are not legally bound to comply with such proclamations.
The dispute over flag protocol comes amid national attention on the assassination of Charlie Kirk, the 32-year-old co-founder of Turning Point USA who was shot while speaking at Utah Valley University on Tuesday. Police have identified 22-year-old Tyler Robinson as the suspected shooter. Federal agents have executed raids at the suspect’s Utah apartment and his childhood home as investigators continue to gather evidence.
The president’s proclamation called for a nationwide period of mourning on federal property. Enforcement of that order on nonfederal properties typically rests with state governors and local officials, who set their own flag policies and can issue separate orders. Several New Jersey counties and municipalities followed Bergen County in keeping flags at full staff that day; other jurisdictions across the country complied with the presidential directive.
Officials in New York and New Jersey did not provide a public explanation beyond the statement that they were following state guidance. The episode highlights how symbolic gestures tied to national tragedies can become politically charged when local and state officials interpret or apply federal requests differently.
Kirk’s death has prompted tributes and sharp political reactions across the ideological spectrum, and it has intensified scrutiny of security at public events. Investigators have not released a motive for the shooting, and authorities continue to piece together a timeline and forensic evidence in the days after the attack.
The divergent responses by state and local governments to the presidential flag order underscore the separate authorities of federal and nonfederal jurisdictions and the political salience of ceremonial acts during periods of national attention.
