Justice Alito says won't recuse self from Trump, J6-related cases, amid flag flying controversy

Justice Samuel Alito on Wednesday told congressional Democrats that he will not comply with their request for him recuse himself from cases related to Donald Trump

Published: May 29, 2024 1:51pm

Updated: May 29, 2024 3:18pm

Justice Samuel Alito on Wednesday told congressional Democrats that he will not comply with their request for him to reecuse himself from cases related to Donald Trump, amid a flag flying controversy. 

Alito informed the members in a letter sent to both chambers.

Flying a U.S. flag upside down is considered by some opposition to the outcome of the 2020 presidential election that Trump lost. Such a flag was reportedly flown on one such occasion.

In the letter, Alito said he had nothing to do with the flying of the flags, and that nothing about the incidents merited recusal under the high court's code of conduct, according to CBS News.

He also said  neither he nor his wife knew of the meanings that are now being ascribed to the flags.

"My wife and I own our Virginia home jointly," Alito wrote. "She therefore has the legal right to use the property as she sees fit, and there were no additional steps that I could have taken to have the flag taken down more promptly."

Democrats had seized on news reports that an upside-down U.S. flag had flown outside the Alitos' northern Virginia home and a separate "Appeal to Heaven" flag had flown outside a family vacation home.

They argued the incidents create an appearance of impropriety that require Alito recuse himself from any matters related to the Jan. 6 Capitol riot or the 2020 election.

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