After the conclusion of the 2020 election, a flipped U.S. flag was found outside the home of Supreme Court conservative justice Samuel Alito. This report from The New York Times on Thursday, May 16 has sparked criticism from Democratic lawmakers who are calling for Alito to recuse himself from election-related cases.
The New York Times published a photo of the flag being displayed upside down on January 17, 2021, outside the Alito residence in Alexandria, Virginia.
Alito responded to The New York Times, stating that he was not involved in the incident and provided an explanation of what had occurred.
The flag was hung outside by his wife, Martha-Ann Alito, on a pillar outside their home in Alexandria, Virginia. This act was in response to a neighbor displaying a derogatory slogan against the then Republican President Donald Trump on their lawn, which led to a dispute. In response, she briefly flipped the flag as a sign of discontent.
Flipping the American flag is seen as a symbol of protest by Trump supporters, including those who stormed the U.S. Capitol on January 6, 2021. At that time, Trump and his supporters questioned widespread voter fraud allegations and the fairness of the election, alleging that Biden had stolen the election.
Senate Judiciary Committee Chairman, Democrat Dick Durbin, has called on Alito to recuse himself from two current Supreme Court cases involving the 2020 election and the January 6 Capitol incident. Other Democrats, including Senator Richard Blumenthal, Congressman Hank Johnson, and Adam Schiff, have also issued similar calls.
In the two cases mentioned by Durbin, the first involves Trump attempting to overturn the outcome of the 2020 election and facing federal criminal charges, with Trump’s team seeking immunity. The second case involves a man from Pennsylvania challenging federal criminal charges for obstructing justice related to his involvement in the January 6 Capitol incident. This case also implicates Trump, as special prosecutor Jack Smith has made similar allegations against him.
White House Press Secretary Karine Jean-Pierre avoided answering whether Biden believes Alito can fairly judge cases related to the January 6 event during a routine press briefing.
However, Jean-Pierre added that she had discussed the matter with President Biden, who believes that “the American flag is sacred, and we should respect the American flag.”
In addition, another conservative justice on the Supreme Court, Clarence Thomas, has also been asked to recuse himself from election-related cases. His wife, Virginia “Ginni” Thomas, is a Trump supporter who attended a rally before the January 6 Capitol riot.