Court Reform Now Task Force Part Two: Justice Alito Must Recuse In Trump Immunity Case, Jan. 6 Cases
WASHINGTON, D.C. — Following new reporting that yet another flag symbolizing support for Donald Trump was flown at Justice Samuel Alito’s home – this time his vacation home in the summer of 2023 – the House Court Reform Now Task Force sent the following letter to the Justice demanding that he recuse from any further participation in the case of Trump v. United States and other cases related to January 6 and the 2020 election. The letter is led by Courts Subcommittee Ranking Member Rep. Hank Johnson (GA-04), Rep. Dan Goldman (NY-10) and members of the newly formed Court Reform Now Task Force, which is co-chaired by Senior Judiciary Committee member Congressman Adam Schiff (CA-30), Oversight and Accountability Committee Ranking Member Congressman Jamie Raskin (MD-08), Judiciary Member Congresswoman Madeleine Dean (PA-04), Freshman Leadership Representative Congresswoman Jasmine Crockett (TX-30). For several months, Justice Alito flew an “Appeal to Heaven” flag that, like the inverted U.S. flag, was carried by rioters at the Capitol on Jan. 6, 2021, and is now a symbol of support for former President Donald J. Trump, for a religious strand of the “Stop the Steal” campaign and for a push to remake American government in Christian terms. The Congressmembers write that this partisan display disqualifies him from hearing any related cases. 28 members in total signed the letter.
Letter below and HERE.
The Honorable Samuel Alito
Associate Justice
Supreme Court of the United States
1 First Street NE
Washington, DC 20543
Dear Justice Alito:
New reporting compels us to write you a second time this week, once again urging that you recuse yourself from any further participation in Trump v. United States, Fischer v. United States, and any other cases that may arise involving Donald Trump, the January 6, 2021, attack on the Capitol, or attempts to overturn the 2020 election. Last week, we were appalled when a New York Times report revealed that you flew an inverted flag outside your home before President Biden’s inauguration, a fact that you confirmed. This week, the New York Times reported that at your beach house, you prominently flew an “Appeal to Heaven” flag at times during the months of July, August, and September of 2023, and possibly longer. This flag is a well-known symbol of support for (1) Donald Trump, (2) a religious arm of the “Stop the Steal” campaign, and (3) an organized movement to remake American government in Christian terms. In fact, a petition for writ of certiorari in Fischer—a case challenging whether the January 6 rioters could be charged with obstruction—was filed at the Supreme Court during the very same period of time you were flying this symbol of the “Stop the Steal” campaign. This revelation directly ties you with symbols of the attempted election subversion by Mr. Trump and the January 6 insurrectionists.
Canon 5 of the Court’s ethics guidelines states that “a Justice should refrain from political activity.” And in Canon 3B, the guidelines declare that “a Justice should disqualify himself or herself in a proceeding in which the Justice’s impartiality might reasonably be questioned, that is, where an unbiased and reasonable person who is aware of all relevant circumstances would doubt that the Justice could fairly discharge his or her duties.” The guidelines detail such instances, including those in which “[t]he Justice has a personal bias or prejudice concerning a party.”
Currently, there are two cases before the Court involving January 6 rioters and the felony charge of obstructing an official proceeding: (1) the former president’s claim that a president of the United States has absolute criminal immunity for any official acts (Trump v. United States), and (2) a case involving January 6 rioters (Fischer v. United States). Unquestionably, any reasonable person would doubt that someone who has flown “Stop the Steal” symbols at two of his homes over the past few years can be impartial in deciding whether Mr. Trump and his supporters should face criminal prosecution for their actions arising from the “Stop the Steal” movement. Accordingly, this indisputable appearance of a conflict of interest requires that you recuse yourself from such cases.
We note that flying this symbol of Christian nationalism outside your home has other serious implications for the stability of our democracy. While we may call for further action related to these concerns in the future, today we only ask that you recuse from cases involving Donald Trump, the January 6, 2021, insurrection, and the 2020 election.
The public is rapidly losing faith in the Supreme Court, which is dangerous to our very democracy. We fear for the Rule of Law when every day, it becomes more apparent that a Supreme Court justice has publicly advocated for a particular candidate and for the movement to overturn a lawful election. We urge you to fulfill your ethical obligations and recuse yourself from these historic cases.
CC: Chief Justice John Roberts