A former ethics czar for George W. Bush once helped Justice Samuel Alito prepare for his Senate confirmation hearing. Now he's furious at Alito's behavior and wants him recused from any case involving Jan. 6.
Speaking to WBUR, Richard Painter, a professor at the University of Minnesota Law School,- confessed that he is very disappointed reading the report that Alito had a flag flying upside down outside his home.
Thus far, 45 Democrats have signed onto a letter demanding that Alito recuse himself and even Sen. Lindsey Graham (R-S.C.) called the move "not good judgment."
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"I'm very shocked by this, Justice Alito," Painter said to Here & Now's Robin Young. He confessed Alito has been "someone I have a lot of respect for" and he's "very shocked that this would happen outside his home."
Alito claimed that his wife was the one behind the flag, not him, but Painter called it "irrelevant."
"I can't imagine that flag could have been flown upside down without his permission," said Painter. "We now have two Supreme Court justices whose spouses were very, very much involved in supporting Donald Trump's effort to be re-elected."
The second is Justice Clarence Thomas, who has had repeated run-ins with the ethics rules. His wife, Ginni, was actively involved in the attempt to overthrow the election by pressuring lawmakers in Arizona.
Recently, the Supreme Court relaxed its ethics rules, removing the demand that they "shall" recuse themselves from cases that are conflicts. But Painter thinks it's time that the rest of the court justices step in and force action.
Painter called for the appointment of an inspector general to enforce ethics rules for the Supreme Court that isn't appointed by the court itself. There would then be a mechanism to mandate recusal.
He returned to the idea that Alito "got wrapped up in" the same GOP lies that Ginni Thomas did, though he said clearly not to the same degree.
"The court's integrity is very much in question right now," he continued, noting that both sides of the political aisle "have urged oversight of the Supreme Court." Both have also called for the appointment of an inspector general to oversee ethics enforcement.
"Whether one is a Republican or Democrat they ought to be very concerned — every American ought to be concerned about this situation," he said.
Alito justified the upside-down flag by saying that a neighbor was mean to his wife and there were political signs in the neighborhood using a curse word.
Listen to the interview below or at the link here.
