A symbol of Donald Trump's "Stop the Steal" movement, which culminated in his January 6, 2021 rally and the insurrection that followed, was flown over the home of Justice Samuel Alito just days before Joe Biden was sworn in as the 46th President of the United States, and as the U.S. Supreme Court was reviewing a 2020 election case. Now, calls are mounting for Justice Alito's ouster.
The "Stop the Steal" movement, created in 2016 by far-right activist Roger Stone, was put into action by Trump acolytes during the 2020 election cycle. It is based on the "Big Lie," promoted by Donald Trump and the majority of his followers, the false claim that Joe Biden did not win the 2020 presidential election, that it was "stolen."
A symbol of "Stop the Steal" is an upside down American flag, which is technically used only "as a signal of dire distress in instances of extreme danger to life or property." Trump's MAGA followers co-opted the symbol, and it was widely seen during the violence of the January 6 insurrection.
It was also, as The New York Times reported in its bombshell story Thursday night, flown at "the residence of Supreme Court Justice Samuel A. Alito Jr., in Alexandria, Va., according to photographs and interviews with neighbors."
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A critical element of The Times' report is the timing of Alito's "Stop the Steal" flag.
"While the flag was up, the court was still contending with whether to hear a 2020 election case, with Justice Alito on the losing end of that decision," the Times reported.
"In coming weeks," The Times noted, "the justices will rule on two climactic cases involving the storming of the Capitol on Jan. 6, including whether Mr. Trump has immunity for his actions. Their decisions will shape how accountable he can be held for trying to overturn the last presidential election and his chances for re-election in the upcoming one."
Justice Alito is taking no responsibility for the flag at his house.
“I had no involvement whatsoever in the flying of the flag,” Alito told The Times. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”
The New York Times' Michael Barbaro, who did not write the Alito article, commented: "Crucially, Alito doesn’t deny the flag was flying upside down, doesn’t deny its meaning, doesn’t express any disapproval for it and doesn’t disavow it."
The Times also reports there are ethics and impartiality issues surrounding the use of the Stop the Steal flag.
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"Judicial experts said in interviews that the flag was a clear violation of ethics rules, which seek to avoid even the appearance of bias, and could sow doubt about Justice Alito’s impartiality in cases related to the election and the Capitol riot."
Legal and political experts, not to mention many ordinary Americans, are expressing great concern, with some even calling for Alito's ouster, and some even using the word "impeachment."
U.S. Senator Tim Kaine (D-VA), responding to the news, blasted both Justices Alito and Clarence Thomas.
"A judge is supposed to act in a way that enables all parties and lawyers appearing before the Court to believe they will be treated fairly," Sen. Kaine wrote. "Alito and Thomas have brazenly destroyed this bedrock principle."
Ruth Ben-Ghiat, a professor of history and a scholar of authoritarians and fascism, also pointed to both for Alito and Thomas, and called for their ouster.
"Clean up the Court," she urged. "Thomas and Alito must go. They are far-right activists masquerading as impartial justices, that is why so many anti-democratic forces (Federalist, billionaires) have invested in them."
Political scientist Norman Ornstein, the highly-respected emeritus scholar at the American Enterprise Institute, and a contributing editor for The Atlantic, responded to the Alito scandal.
"Sam Alito is a partisan insurrectionist. He has no business being on the Supreme Court," he wrote Thursday night.
"It is time for a House member to introduce an impeachment resolution against Sam Alito," Ornstein added an hour later. "He has openly and blatantly violated every standard we expect for any judge, not to mention the Supreme Court. And time for Dick Durbin to suck it up and hold hearings on this abuse of power," he said, referring to the Democratic Chairman of the Senate Judiciary Committee.
Richard Painter, a professor of law and a former chief White House ethics lawyer, cut to the chase, posting the U.S. Code requiring recusal:
" 'Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.'
28 USC Section 455"
"Justice Alito should be impeached and removed!!" declared SiriusXM host and attorney Dean Obeidallah. "If a liberal justice flew a flag in support of coup attempt waged by a Democratic President, the House GOP would immediately impeach him! We need Senate Dems to hold hearings!"
Veteran journalist John Harwood, responding to the Alito article, remarked, "bitter fanatic on the court."
Laurence Tribe, University Professor Emeritus at Harvard University, a constitutional law scholar who has argues three dozen times before the Supreme Court, commented: "More telling — and disqualifying — than the sheer antidemocratic sentiment this 'Stop the Steal' flag displayed is the hair-splitting sophistry of Justice Alito’s pathetic effort to shift blame from himself to his wife or someone else in his household."
Washington Post columnist Jennifer Rubin, a conservative until 2020, also blasted Justice Alito. Watch the video of her remarks below or at this link.
