Justice Samuel Alito is rejecting calls to step aside from supreme court cases involving the former president Donald Trump and January 6 defendants because of the controversy over flags that flew over his homes.
In letters to members of Congress on Wednesday, Alito says his wife was responsible for flying an upside-down US flag over his home in 2021 and an “Appeal to Heaven” flag at his New Jersey beach house last year.
Neither incident merits his recusal, he wrote.
“I am therefore duty-bound to reject your recusal request,” he wrote.
The court is considering two major cases related to the 6 January 2021 attack by a mob of Trump supporters on the Capitol, including charges faced by the rioters and whether the former president has immunity from prosecution on election interference charges.
Alito has rejected calls from Democrats in the past to recuse on other issues.
The New York Times reported that an inverted American flag was seen at Alito’s home in Alexandria, Virginia, less than two weeks after the attack on the Capitol.
The paper also reported that an “Appeal to Heaven” flag was flown outside the justice’s beach home in New Jersey last summer. Both flags were carried by rioters who violently stormed the Capitol in January 2021 echoing Trump’s false claims of election fraud.
Alito said he was unaware that the upside-down flag was flying above his house until it was called to his attention. “As soon as I saw it, I asked my wife to take it down, but for several days, she refused,” he wrote in nearly identical letters to Democrats in the House and Senate.
Trump praised Alito’s rebuff of demands for his recusal, posting on his Truth Social account that the rightwing justice had showed “INTELLIGENCE, COURAGE, and ‘GUTS’”. Writing as he waited for the jury to return its verdict at his criminal hush-money trial in New York, Trump added: “All US Judges, Justices and Leaders should have such GRIT”.
Alito’s flat-out refusal to address doubts about his impartiality in the wake of the flags scandal underlines the weakness of the supreme court’s current ethical guidelines. Following a public outcry over undeclared luxury trips and other gifts that had been received by Alito and his fellow hard-right justice Clarence Thomas, the court was forced to adopt its first ethics code last November.
To the dismay of advocates of judicial reform, however, the code contained no enforcement provision. Individual justices are left to their own devices to decide whether or not they should recuse from cases in which there might be an appearance or reality of conflict of interest or impartiality.
Thomas has also been accused of conflict of interest after he became the only vote on the court to oppose the release of digital communications to the congressional committee investigating the January 6 insurrection. It later transpired that the stash of documents included emails between Thomas’s wife, the conservative activist Ginni Thomas, and Trump’s then top White House aide Mark Meadows over how to block Joe Biden’s victory in the 2020 election.
The lack of response from either Thomas or Alito to the welter of criticism over their ethical positions is starting to attract the attention of Congress.
In an opinion article in the New York Times, Jamie Raskin, the Democratic Congress member from Maryland who led the second impeachment trial of Trump, said that it was “unfathomable that the two justices could get away with deciding for themselves whether they can be impartial in ruling on cases affecting Donald Trump’s liability for crimes he is accused of committing on January 6”.
Raskin proposed a solution to the conundrum: the US justice department could petition the other seven justices on the nine-member supreme court under the federal recusal statute to require Alito and Thomas to recuse themselves in the January 6 cases. “The supreme court cannot disregard this law just because it directly affects one or two of its justices,” Raskin wrote.
Democratic leaders in the US Senate are also pressuring the court to take more robust action. The Senate judiciary chairman, Dick Durbin, and fellow committee member Sheldon Whitehouse have written to the chief justice, John Roberts, asking for a meeting to discuss what he was proposing to do about Alito’s refusal to recuse himself.
The Associated Press contributed to this report
Source: US Politics - theguardian.com
