Judge violated code of conduct with critical Alito op-ed: Ruling

A federal judge apologized after he was found to have violated the judiciary’s code of conduct for publishing an op-ed earlier this year criticizing Supreme Court Justice Samuel Alito over a flag controversy.

U.S. District Judge Michael Ponsor in May wrote that the decision to fly an upside-down American flag outside of the conservative justice’s home “shouldn’t have happened” and was “dumb.”

“For these violations of the Code, unintentional at the time but clear in retrospect, I offer my unreserved apology and my commitment to scrupulously avoid any such transgression in the future,” Ponsor, an appointee of former President Clinton, wrote in his apology.

The apology was made public Tuesday by The Article III Project, a conservative legal group founded by an ally of President-elect Trump that filed a judicial complaint against Ponsor after The New York Times published his essay.

His apology was attached to an order from Albert Diaz, the chief judge of the 4th U.S. Circuit Court of Appeals who was assigned to handle the complaint, finding Ponsor violated the code of conduct for federal judges.

Diaz wrote that it violated provisions prohibiting a judge from diminishing public confidence in the judiciary and publicly commenting on the merits of a pending matter. The appeals judge said he was satisfied with Ponsor's public apology letter, and that it was sufficient enough to conclude the matter.

“Viewed in the timeframe during which the essay was published, including the substantial press coverage detailing the calls from Justice Alito’s recusals from the then-pending January 6 cases, it would be reasonable for a member of the public to perceive the essay as a commentary on partisan issues and as a call for Justice Alito’s recusal,” Diaz wrote.

Alito, who declined to recuse himself from the cases related to the Jan. 6, 2021, attack on the Capitol, has publicly said he had “nothing whatsoever to do” with the flying of the flag at his home, saying it was his wife’s decision.

Critics pounced on the incident, since the upside-down flag has been used by those protesting Trump’s loss in 2020 and became associated with the “Stop the Steal” movement.

Topics

Elon Musk and SpaceX Face Federal Reviews After Violations of Security Reporting Rules

Federal agencies have opened at least three reviews into whether the company and its leader complied with disclosure protocols intended to protect state secrets, people with knowledge of the matter ...
The New York Times - 1h
BoE plans tougher liquidity rules for insurers following ‘critical gaps’

Mini-budget and pandemic showed need for more frequent reporting, regulator says
Financial Times - Dec. 11
Federal bankruptcy judge rules against sale of Alex Jones InfoWars to The Onion

A federal bankruptcy judge denied the sale of Alex Jones’s InfoWars to The Onion on Wednesday, citing a lack of transparency in the auction process as reason for rejection. “I don’t think anyone ...
The Hill - Dec. 11
Albertsons sues Kroger after judge rules against grocery merger

Albertsons on Wednesday formally terminated its proposed $25 billion merger with Kroger and filed a lawsuit against its supermarket competitor, saying Kroger violated its contract and didn’t follow ...
NBC News - Dec. 11
NFL closes investigation into Browns QB Deshaun Watson, saying insufficient evidence he violated personal conduct policy

NFL closes investigation into Browns QB Deshaun Watson, saying insufficient evidence he violated personal conduct policy
ABC News - Dec. 6
Iran says it successfully conducted a space launch, the latest for a program criticized by the West

Iran says it successfully conducted a space launch, the latest for a program criticized by the West
ABC News - Dec. 6
Hegseth slams 'manufactured media takedown' of him in WSJ op-ed

Pete Hegseth, President-elect Trump's pick to lead the Defense Department, condemned the press for what he described as a "manufactured media takedown" of him. "The press is peddling anonymous ...
The Hill - Dec. 4
Judge reaffirms ruling invalidating massive Tesla pay package for Musk

A Delaware judge on Monday again blocked Elon Musk’s multibillion-dollar pay package from Tesla. The controversial compensation agreement, which is now worth more than $100 billion, was reapproved ...
The Hill - Dec. 3
Delaware Judge Upholds Ruling That Denied Musk Massive Tesla Pay Package

Chancellor Kathaleen St. Jude McCormick cited ‘multiple, material misstatements’ in a company proxy statement as she reaffirmed earlier rulings scrapping the CEO’s $56 billion compensation award.
Inc. - Dec. 3