Justice Alito declines to step aside from Trump-related cases over flag spat
WASHINGTON — Conservative Supreme Court Justice Samuel Alito on Wednesday declined to step aside from two pending cases relating to former President Donald Trump and the Jan. 6, 2021, attack on the Capitol following recent news reports about contentious flags flown at his private properties.
In letters to members of Congress calling for his recusal, Alito said that the two incidents involving flags at his home in Virginia and a vacation property in New Jersey first reported by The New York Times “do not meet the conditions for recusal” set out in the Supreme Court’s newly adopted ethics code.
Alito said that in both instances “a reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of Supreme Court cases” would conclude that no recusal was required. One letter was sent to Senators while the other was sent to members of the House of Representatives.
He added he had no involvement in the decision to fly either flag, saying they were raised by his wife, Martha-Ann Alito. In the first incident, neighbors said that an upside-down U.S. flag was flown in early 2021 just after Jan. 6 and the inauguration of President Joe Biden.
In the other incident, a flag linked with conservative Christians bearing the motto “Appeal to Heaven” was flown at the vacation home the following year.
Both flags have been embraced by some Trump supporters involved in the Jan. 6 attack.
The Supreme Court is currently weighing two cases that touch upon Jan 6: Trump’s presidential immunity claim in his election interference case, and an appeal brought by a man prosecuted for his role on the day itself. Rulings are due by the end of June.
Under the Supreme Court’s ethics rules, individual justices have a final word on whether to step aside from cases.