NonilexMay 29, 2024

Justice #Alito tells #Congress he will NOT #recuse from #Jan6 related cases

Justice Samuel A. Alito, Jr. announced Wed that he will not recuse himself from Jan. 6-related cases at #SCOTUS after Democratic lawmakers questioned whether he could be impartial following reports that an upside-down #flag flew at his home in the weeks after the… [ #insurrection].

#law #PartisanCourt #JudicialEthics #AppealToHeaven #ChristianNationalists
https://www.washingtonpost.com/politics/2024/05/29/supreme-court-alito-recuse-flag-jan-6/

Justice Alito tells Congress he will not recuse from Jan. 6-related cases

Some Democrats asked whether Justice Samuel A. Alito Jr. could be impartial after an upside-down flag flew at his home following the 2021 U.S. Capitol attack.

The Washington Post
Show threadNonilexMay 29, 2024

In a letter to #Democrat ldrs in the #House & #Senate, #Alito said that flag & a 2nd, #religious-themed flag were raised by his wife, w/o his knowledge, & the incidents do not meet the conditions for #recusal outlined in #SCOTUS’s code of conduct.

Alito disclosed for the 1st time that he was not aware of the #UpsideDownFlag until it was called to his attention & that his wife resisted taking it down.

#law #JudicialEthics #PartisanCourt #ActivistCourt #ChristianNationalists #Jan6 #insurrection

Show threadNonilexMay 29, 2024

“As soon as I saw it, I asked my wife to take it down, but for several days, she refused,” #Alito wrote in the letter to Senators Sheldon Whitehouse (D-RI) & Dick Durbin (D-IL).

The #UpsideDownFlag … has become a symbol of the “Stop the Steal” movement that falsely claims the #2020election was stolen from #Trump.

#SCOTUS #law #JudicialEthics #PartisanCourt #ActivistCourt #ChristianNationalists #Jan6 #insurrection

Show threadNonilex

Another flag carried by #Jan6 rioters, …embraced by #ChristianNationalists …, was flown outside Alito’s vacation home in NJ last summer. #Alito said in the letter that the 2nd flag was also raised by his
wife, #MarthaAnnAlito.

“My wife is fond of flying flags. I am not,” he wrote.

#SCOTUS #law #JudicialEthics #PartisanCourt #ActivistCourt #insurrection

May 29, 2024 at 6:04pmWeb
Show threadNonilexMay 29, 2024

It’s like having this guy (pic) referee a match between Liverpool & Manchester United; do you think he’d call a fair game?

#SCOTUS #Alito #law #JudicialEthics #PartisanCourt #ActivistCourt #ChristianNationalists #Jan6 #insurrection

Show threadNonilexMay 29, 2024

Some great #SCOTUS editorial cartoons by Mike Luckovich

#Alito #SCOTUSstench #law #ActivistCourt #PartisanCourt #JudicialEthics #Recuse #TermLimits #ChristianNationalism #Jan6 #insurrection

Show threadRobert SimpsonnMay 30, 2024
@Nonilex just read the NYT piece on the Alito flag caper.
There is much more of a story there. The neighborhood argument went on a long time. Ms. Alito sounds so Special
Show threadAlex Lubertozzi 🇺🇦May 29, 2024

@Nonilex I thought Jamie Raskin’s oped in the NYT was interesting, suggesting a way to force Alito and Thomas to recuse: https://www.nytimes.com/2024/05/29/opinion/alito-thomas-recuse-trump-jan-6.html

He makes a similar point about umpires.

Opinion | How to Force Justices Alito and Thomas to Recuse Themselves in the Jan. 6 Cases

Can they really decide for themselves whether they can be impartial?

The New York Times
Show threadRamesh #NotGoingBackMay 29, 2024

⬆️ @alexlubertozzi @Nonilex

“#DOJ — including US attorney for #DC, an appointed US special counsel and the solicitor general, all of whom were involved in different ways in the criminal prosecutions underlying these cases and are opposing #Trump’s claims — can petition the other 7 justices to require #Alito & #Thomas to #recuse themselves not as a matter of grace but as a matter of law.”

This can ONLY work if #Garland has a pulse and is not glacially slow to come to the calling of his nation.

Show threadRamesh #NotGoingBackMay 30, 2024

⬆️ @alexlubertozzi @Nonilex

The majority of #US believe that the #SupremeCourt is corrupt & out of control.

TWO #SCOTUS justices have flagged and confirmed just that.

Yet, #Democrats and #DemocraticParty leadership can’t be bothered to take this issue up as one of the most consequential this year & rally around it.

Instead of pontificating about what “can” be done, why not marshall all their power to control this beast and make this gift from #Alito one of the centerpieces of #Election2024?

Show threadRamesh #NotGoingBackMay 30, 2024

⬆️ @alexlubertozzi @Nonilex

#SupremeCourt #CodeOfEthics is such a sham:

Only an IMPARTIAL and reasonable person who is “aware of ALL relevant circumstances” can VALIDLY call for recusal

A bar so high in the stratosphere that it’s impossible to meet. Not even another #SCOTUS Justice can meet ALL of these requirements — either they might not be IMPARTIAL or they might not be aware of ALL relevant circumstances — failing which, even the call for #recusal is INVALID

#Alito
https://apnews.com/article/supreme-court-alito-flags-recusal-capitol-riot-f4ef46683365c92e8a3ff9df7894b586

A look at Supreme Court justices’ decisions on whether to step aside in cases

In declining to step aside from two high-profile Supreme Court cases, Justice Samuel Alito has provided a rare window on the opaque process by which justices decide to recuse themselves. Alito faced calls from Democrats to step aside from two cases involving former President Donald Trump and Jan. 6 defendants because of the controversy over flags that flew over his homes. Alito said Wednesday that his wife was responsible for flying the flags, which were like those carried by rioters at the Capitol in January 2021. In letters to members of Congress, Alito wrote that his impartiality could not reasonably be questioned. The explanation is unlikely to satisfy Democratic critics, but they have little recourse.

AP News
Show threadRamesh #NotGoingBackMay 30, 2024

⬆️ @alexlubertozzi @Nonilex

>> #SCOTUS #CodeOfEthics differs from federal law by saying a justice “should,” rather than “shall,” disqualify himself or herself

Meanwhile, #Trump is tying up justice in #Georgia by asking for #FaniWillis to step aside in #ElectionInterference case.

He is not IMPARTIAL.

Why does our system of justice entertain BOTH #Trump & #Alito from BOTH sides — attacking a prosecutor in one case, & protecting a rogue “justice” in the other case — BOTH against public interest?

Show threadRamesh #NotGoingBackMay 30, 2024

⬆️ @alexlubertozzi @Nonilex

>> Only an IMPARTIAL and reasonable person who is “aware of ALL relevant circumstances” can VALIDLY call for recusal

>> Not even another #SCOTUS Justice can meet ALL of these — either they might not be IMPARTIAL or they might not be aware of ALL relevant circumstances — failing which, even the call for #recusal is INVALID

#UpsideDown #perversionOfJustice where those calling for recusal of a rouge #Alito must defend themselves BEFORE Alito has to defend himself.

Show threadAmoshiasMay 29, 2024
@alexlubertozzi @Nonilex interesting, it says gift article but it's still trying to get me to log in
Show threadPeter ButlerMay 29, 2024

@Amoshias @alexlubertozzi @Nonilex yeah the gift link doesn’t work (yes I clicked the text link)

Here’s the archived link:
http://archive.today/Lt7a2

Show threadAmoshiasMay 29, 2024
@peterbutler @alexlubertozzi @Nonilex thanks!
Show threadTaco man is a Pedo ProtectorMay 30, 2024
@peterbutler @Amoshias @alexlubertozzi @Nonilex thanks!
Show threadPeter ButlerMay 29, 2024

@alexlubertozzi @Nonilex This legal reasoning is all well and good but without a mechanism to enforce the law they can’t “force” the justices to do a damn thing

>> The Supreme Court cannot disregard this law just because it directly affects one or two of its justices.

I’m willing to bet $1,000 that they can and will

Show threadPeter ButlerMay 31, 2024

@alexlubertozzi @Nonilex

Not positive, but I think I was right

https://www.documentcloud.org/documents/24706080-2024-05-30-cjr-letter-to-chairman-durbin-and-senator-whitehouse

DocumentCloud

Show threadCatherine SchmidtMay 29, 2024
@alexlubertozzi @Nonilex wish I could open it
Show threadGeeden_Of_ArdenMay 29, 2024
@alexlubertozzi @Nonilex
1. Thank you so much for the gift of this op-ed from a genuine constitutional scholar.💯 🤩
2. Kennedy's 3rd point – just the appearance fouls the environment, because no one knows to what degree the bias has crept in.
The refusal to recuse today is doubly worse on this point, because they KNOW it appears as bias, but are taking an analogous absolute immunity argument to trump's.
3. What are the odds the 4 conservatives would ever agree to this process?
Show threadPaul Wermer, CC BY-NC-SA 4.0May 29, 2024
@Bon_Jardin @alexlubertozzi @Nonilex there's a presumption the they actually care about legitimacy as opposed to power...
Show threadTheDarcBirdMay 30, 2024

@alexlubertozzi @Nonilex

Sorry, but it's not "umpire" in football (⚽), it's referee. (I know, I'm a pedant.)

Show threadSylvie does booksMay 29, 2024
@Nonilex the conflict of “i didn’t know she did it and I did but she made me keep it up”are quite problematic.
Show thread👁Pooka🫣Boo🫵May 29, 2024
@Nonilex I don't believe him... He's immoral and unethical!
Show threadDeweyMay 29, 2024
@Nonilex these statements confuse me. Are they saying that flag was carried by someone at January 6th, then passed to alito? Or is it just the same type of flag carried on January 6th? There's a big difference between those two. Either his wife shops at the same wacko stores as other wackos, or she actually hobnobs with wacos
Show threadNonilexMay 29, 2024
@DeweyOxberger the type of flag. It’s a statement of support for Jan sixers & Trump.
Show threadDeweyMay 29, 2024
@Nonilex for sure. All roads lead to this sucks. The difference for me is, in one case she's just in the rage cycle with 35 million other people, and he's a dirt bag and is prefer to replace him. In the other case she's actively connected to the 10,000 people who materially participated and he must be replaced immediately.
Show threadRamesh #NotGoingBackMay 29, 2024

⬆️ @Nonilex

>> 
“My wife is fond of flying flags. I am not,” he wrote

#TwoTurds #Alito doesn’t have to be “fond of flying flags”, but he does have to project an image of impartiality, especially when symbols associated with #insurrection and #ChristoFascism are prominently displayed on his property — regardless of WHO put them up there

Show threadArena Cops 🇺🇦✌May 29, 2024
@rameshgupta @Nonilex I'm having my doubts about Samuel Alito's commitment to truth & loyalty to the United States & their Constitution.
And about Samuel's loyalty to Martha-Ann.
Show threadShadybootsMay 29, 2024
@Nonilex somebody send him a freak flag
Show threadNed HamsonMay 29, 2024
@Nonilex He has no ethics and throws wife under the bus... and he is not able to take down a flag... taking down democracy is his speciality...
Show threadSteve HerseyMay 29, 2024
@Nonilex
Most judges are careful to avoid even the appearance of impropriety or bias.
Something else the SCOTUS right-wing seem to think they are above.