Supreme Court Justice Samuel Alito has declared his intention to remain involved in forthcoming cases related to the January 6th rioters and former President Donald Trump, despite controversy surrounding his political leanings.
In a written communication to over 30 members of Congress, Justice Alito confirmed his decision not to recuse himself from the cases Trump v US and Fischer v US. The former case will determine whether Trump possesses criminal immunity, while the latter will decide if the individuals involved in the January 6th riots were correctly charged with a specific crime.
Justice Alito's statement follows a New York Times report that revealed he and his wife displayed an inverted American flag at their Virginia residence following the 2020 presidential election. This symbol is often associated with those denying the legitimacy of the election results. A separate Washington Post article disclosed that the Alitos also flew an "Appeal to Heaven" flag at their vacation home, a symbol present during the January 6th events.
In his letter, Justice Alito attributed the flag incidents to his wife, Martha-Ann Alito, stating, "My wife is fond of flying flags. I am not. She was solely responsible for having flagpoles put up at our residence and our vacation home and has flown a wide variety of flags over the years."
Justice Alito defended his decision not to recuse himself by citing the non-binding Supreme Court code of ethics. He argued that the flag incidents did not meet the standard for recusal, assuring the recipients of his letter that he had "nothing to do whatsoever" with the flags. He claimed he was unaware of the inverted American flag and had requested his wife to remove it, but she "refused."
Justice Alito emphasized his wife's First Amendment rights, stating, "My wife is a private citizen, and she possesses the same First Amendment rights as every other American. She makes her own decisions, and I have always respected her right to do so."
He explained that his wife had flown the flag while distressed over a neighborhood dispute, in which a neighbor had insulted her using "the vilest epithet that can be addressed to a woman." He added that she had made many sacrifices due to his position on the Supreme Court, including enduring "numerous, loud, obscene, and personally insulting protests" outside their home.
Justice Alito further clarified that the "An Appeal to Heaven" flag was one of many his wife had flown over the years, including flags thanking veterans, college flags, sports team flags, state and local flags, national flags, flags of places they visited, seasonal flags, and religious flags. He reiterated his lack of knowledge about the "An Appeal to Heaven" flag's meaning or its connection to the "Stop the Steal" movement.
Despite calls from Democrats in the Senate and House for Justice Alito to resign, he maintains that he does not need to recuse himself from either case. Senate Judiciary Committee Chairman Dick Durbin and Senator Sheldon Whitehouse have written to the chief justice, urging him to encourage Justice Alito to recuse himself. They argue that Justice Alito has "actively engaged in political activity, failed to avoid the appearance of impropriety, and failed to act in a manner that promotes public confidence in the impartiality of the judiciary."
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