Durbin calls for Alito recusal from Jan. 6 cases over upside-down flag that flew at his home
Senate Judiciary Committee Chair Dick Durbin (D-Ill.) called on Justice Samuel Alito to recuse himself from all cases related to the 2020 election and Jan. 6, 2021, after it was reported an upside-down American flag was flown outside his home in the days surrounding the attack.
According to The New York Times, an upside-down version of the flag was flown outside the Alitos' home in Alexandria, Va., on Jan. 17, 2021, and potentially for several days during that time. The justice said in a statement that he has “no involvement whatsoever in flying the flag” and said his wife, Martha-Ann, hung the flag as part of a dispute with neighbors.
However, the news comes as the court is set to rule on two key Jan. 6-related cases, including whether former President Trump has immunity from prosecution. Durbin said Alito should step back during those cases and play no role in those rulings.
“Flying an upside-down American flag — a symbol of the so-called ‘Stop the Steal’ movement — clearly creates the appearance of bias,” Durbin said.
“Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6th insurrection, including the question of the former President’s immunity in U.S. v. Donald Trump, which the Supreme Court is currently considering," he added.
“The Court is in an ethical crisis of its own making, and Justice Alito and the rest of the Court should be doing everything in their power to regain public trust,” Durbin continued, saying it is another reason for Congress to pass legislation to create a code of conduct for justices. “Supreme Court justices should be held to the highest ethical standards, not the lowest.”
The upside-down flag has long been known as an SOS signal, but it has been used increasingly in the political universe in recent years, especially on the right after Trump’s loss, and it gained steam among his supporters as a symbol to “stop the steal.”
The Supreme Court’s ethics code says justices should not make political statements, in order to preserve their impartiality on matters that arrive before the court.
Alito is not the only justice to have faced questions about whether he should weigh in on Jan. 6-related cases. Justice Clarence Thomas faced calls for his recusal over his wife, Virginia, and her involvement in the effort to overturn the 2020 election result, but he has declined to do so.
This is also the latest in a lengthy back-and-forth between Alito and Durbin, the No. 2 Senate Democrat, who has sought to institute a new ethics code for justices after revelations of multiple instances where some, headlined by Thomas and Alito, have received lavish gifts and vacations, among other things, from wealthy donors and benefactors.
The court has pushed back heavily on this possibility, saying Congress has no standing to implement rules on justices.
Date: |
Topics
Filter
-
Chief Justice Rejects Call for Alito’s Recusal in Jan. 6 Cases After Flag Incidents
In a letter to Democratic senators, Chief Justice John G. Roberts Jr. said that individual justices decide when to recuse. He declined to meet with the senators to discuss court ethics.The New York Times - Top stories -
Alito declines to step aside from Trump cases amid flag conflict
Supreme Court Justice Samuel Alito is rejecting calls to recuse himself from cases related to the Jan. 6 attack after two controversial flags were seen flying at his homes. NBC’s Hallie Jackson reports for TODAY.NBC News - Politics - Donald Trump -
Supreme court chief justice declines to meet US senators about Alito upside-down flag furor – live
John Roberts declines invitation to talk about supreme court ethics and the controversy over flags that flew outside homes owned by Alito . If a New York jury finds Trump guilty of business fraud charges, what impact would it have on the election? ...The Guardian - World -
Greene reacts to Trump verdict with upside-down American flag
Rep. Marjorie Taylor Greene (R-Ga.) on Thursday shared an upside-down American flag in reaction to former President Trump being found guilty on all counts in his hush money case. Greene, in a Thursday post on the social platform X, shared a ...The Hill - Politics - Donald Trump -
Wait, We’ve Been Flying the Flag the Alitos Had? San Francisco Takes It Down.
Critics slammed Justice Samuel A. Alito Jr. after the “Appeal to Heaven” flag was flown outside his vacation home, but it had billowed in the heart of San Francisco for 60 years.The New York Times - Top stories -
San Francisco officials take down 'Appeal to Heaven' flag from in front of City Hall
A historic flag that that has flown in front of San Francisco City Hall for 60 years symbolizing America's quest for independence has been taken down.ABC News - Top stories - San Francisco -
Jack Flaherty allows 1 hit over 6 2/3 innings and Tigers hit 3 home runs in 5-0 win over Red Sox
Jack Flaherty allowed one hit over 6 2/3 innings, Akil Baddoo, Riley Greene and Gio Urshela hit home runs and the Detroit Tigers beat the Boston Red Sox 5-0ABC News - Sports - MLB -
She was 14 when a U.S. pilot was shot down near her home in France. 80 years later, she’s keeping his memory alive.
Eighty years after an American fighter plane was shot down during World War II, a village in northern France has commemorated the pilot's memory.NBC News - Top stories -
FBI arrests SD man charged with helping shove metal Trump sign into police line on Jan. 6
A South Dakota man has been arrested by the FBI on charges related to his actions during the Jan. 6, 2021, attack on the Capitol, including shoving a “giant” metal sign toward police. William George Knight, 37, of Rapid City, S.D., was arrested ...The Hill - Politics - Donald Trump -
Chief Justice Roberts declines to meet with Democrats on ethics concerns amid Alito flag flap
Chief Justice John Roberts declined to meet with top Democrats on the Senate Judiciary Committee to discuss ethics issues in the wake of reports that controversial flags were flown at Justice Samuel Alito's houses.NBC News - Top stories
More from The Hill
-
North America at a crossroads as Mexico kicks off trio of major elections
Looming elections across North America could upend a decades-long integration process as the continent’s three major nations face sharp choices between populism and traditional liberalism. The interactions among Mexican, U.S. and Canadian leaders ...The Hill - Politics -
In defending Trump, the GOP attacks the justice system
Republican allies of former President Trump are taking to the airwaves to boost his attacks on the justice system and condemn those who say people should respect the justice system that delivered his guilty verdict in the New York hush money ...The Hill - Politics - Donald Trump -
Trump’s hush money conviction: What happens next
NEW YORK — Former President Trump’s hush money trial ended in a sweeping conviction, but his historic case is far from over. As Trump vows to appeal, the proceedings will meanwhile move ahead toward sentencing on July 11 — just days before Trump ...The Hill - Politics - Donald Trump -
Women in Congress spotlight challenge of legislating as a new mother
A bipartisan effort to let new mothers vote by proxy after giving birth is putting a spotlight on the unique challenges congresswomen face as they weigh motherhood against the archaic rules of the House chamber. After suffering significant ...The Hill - Politics -
Stormy Daniels' lawyer says Trump's conviction in hush money case 'hit her hard'
A lawyer for Stormy Daniels, the adult film star central to former President Trump’s hush money trial, said Friday that Trump's recent conviction "hit her hard." “I got a pretty instant report from the courthouse,” Attorney Clark Brewster said in ...The Hill - Politics - Donald Trump