US Supreme Court's Alito rejects calls to recuse in 2020
election-related cases
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[May 30, 2024]
By Andrew Chung and John Kruzel
WASHINGTON (Reuters) -U.S. Supreme Court Justice Samuel Alito rejected
on Wednesday requests by Democratic lawmakers to recuse himself from two
cases - one on Donald Trump's bid for immunity from prosecution and the
other on a charge involving the Capitol attack - after reports involving
contentious flags flown outside his homes.
Alito, in two letters sent to congressional Democrats, said the flags at
issue were flown not by him but by his wife, who he said was exercising
her right to free speech under the U.S. Constitution. Trump, who is
seeking to regain the presidency this year, quickly praised Alito's
decision.
The New York Times this month reported on two flags like those carried
by some Trump supporters during the Jan. 6, 2021, attack on the U.S.
Capitol that were flown at the justice's homes. An upside-down American
flag flew at his Virginia home in the Washington suburbs, while a flag
bearing the words "Appeal to Heaven" flew at his vacation house in New
Jersey.
The two flag incidents "do not meet the conditions for recusal" under
the code of conduct adopted by the justices last year, Alito wrote in
the letters.
The letters were addressed to Dick Durbin, who chairs the U.S. Senate
Judiciary Committee, and fellow Democratic Senator Sheldon Whitehouse,
and to dozens of House of Representatives Democrats including Hank
Johnson.
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Alito told the lawmakers that the flag-flying was done by his wife,
Martha-Ann Alito.
"My wife is a private citizen, and she possesses the same First
Amendment rights as every other American," Alito, a member of the
court's 6-3 conservative majority, wrote in the letters. "She makes her
own decisions, and I have always respected her right to do so."
Alito said that his wife has flown a variety of flags over the years
including patriotic flags, seasonal and religious flags, as well as
those representing sports teams and celebrating family ancestry.
"My wife is fond of flying flags," Alito wrote. "I am not."
'JUDGE AND JURY'
The justices last November adopted their first formal code of conduct
following revelations of undisclosed luxury trips and hobnobbing with
wealthy benefactors by some of them that raised questions about their
ethical standards.
"While I'm encouraged that Justice Alito saw fit to respond to the two
letters seeking his recusal, his unilateral and final decision as judge
and jury over our recusal request demonstrates the urgent need for
Congress to pass legislation that imposes on Supreme Court justices a
code of conduct with an enforcement mechanism," Johnson said in a
statement.
The offices of Durbin and Whitehouse did not immediately respond to
requests for comment.
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![](../images/053024PIX/news_w50.jpg)
U.S. Supreme Court Associate Justice Samuel Alito, Jr is seen during
a group portrait session for the new full court at the Supreme Court
in Washington, U.S., November 30, 2018. REUTERS/Jim Young/File Photo
![](http://archives.lincolndailynews.com/2024/May/30/images/ads/current/graue_lda_BUICKENCORE4176_051324.jpg)
One of the two cases that Democratic lawmakers asked Alito not to
participate in involves Trump's claim of presidential immunity from
prosecution on federal criminal charges relating to his efforts to
overturn the 2020 election results.
The other involves a challenge by a Pennsylvania man to a federal
criminal charge of obstruction that he faces for his involvement in
the Jan. 6 riot. Trump faces the same charge in the election-related
criminal case brought against him by Special Counsel Jack Smith.
Both cases already have been argued before the court, with ruling
expected by the end of June. The court is next due to issue rulings
on Thursday.
Trump, the Republican candidate challenging Democratic President Joe
Biden in the Nov. 5 U.S. election, in a social media post praised
Alito for rejecting calls to recuse.
"Congratulations to United States Supreme Court Justice Samuel Alito
for showing the INTELLIGENCE, COURAGE, and 'GUTS' to refuse stepping
aside from making a decision on anything January 6th related," Trump
wrote, adding that, "All U.S. Judges, Justices, and Leaders should
have such GRIT."
Alito in his letters elaborated on his wife's actions in flying the
two flags. He reiterated that she raised the upside-down flag while
distressed over a dispute with a neighbor, during which he said the
neighbor had used the "vilest epithet" against his wife.
The New York Times on Tuesday reported on some discrepancies,
including that the name-calling took place weeks after the inverted
flag was taken down.
As for the "Appeal from Heaven" flag, which has come to symbolize
hopes by some conservative activists for a more Christian-centered
U.S. government, Alito said he was not familiar with it.
"I was not aware of any connection between that historic flag and
the 'Stop the Steal Movement,' and neither was my wife," Alito
wrote, referring to Trump's false claims that the 2020 U.S. election
was stolen from him through widespread voting fraud.
(Reporting by Andrew Chung and John Kruzel; Editing by Will Dunham
and Scott Malone)
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