President Donald Trump may be in favor of jailing people who burn the American flag, but how does he feel about people who just walk by when it appears to be lying on the ground?

It’s an important question, considering the president was photographed doing just that at the White House on Sunday night.

A photo taken by Getty Images photographer Mandel Ngan as Trump was returning from Palm Beach shows the president walking past a flagpole where the flag appears to be lowered to the ground.

That’s a potential violation of the U.S. Flag Code, which states that “the flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.”

White House spokesman Davis Ingle told People the whole thing was “fake news.”