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

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

“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

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

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

@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

⬆️ @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.

⬆️ @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?

⬆️ @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

⬆️ @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?

⬆️ @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.