Rep. Alexandria Ocasio-Cortez (D-New York) has called for the Democratic-controlled Senate to investigate reports that a flag linked to the January 6, 2021, riot at the Capitol was flying at the home of Supreme Court Justice Samuel Alito.
Ocasio-Cortez said in an interview on MSNBC’s “All in with Chris Hayes” on Wednesday that the report is “not only an extraordinary breach of the trust and standing of the Supreme Court, but we are witnessing a fundamental challenge to our democracy.” She said Congress should not wait until Democrats have a majority in the House to act against Alito.
“Samuel Alito recognizes that these are the same people who stormed the Capitol on January 6th, and he will now be presiding over a case that will have deep implications for the participants in that rally,” the progressive “Squad” member said. “And while this is a threat to our democracy, Democrats have a responsibility to defend it. And the Senate has the gavel.”
“There should be subpoenas. There should be an active investigation,” Ocasio-Cortez said. “I think a House Democratic majority will be ready and certain to support a wide range of efforts to restore democracy. But I also think that once Democrats are in power, they have to use it. Forever. We can’t stay in campaign mode. We have to go into governance mode, we need to use every means possible to get into accountability mode, because we can’t take the Senate majority, we can’t take the White House for granted.”
The New York Times reported Wednesday that a second flag, of the type carried by rioters during the Jan. 6, 2021, riot at the U.S. Capitol, was being flown outside a home owned by Alito.
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Rep. Alexandria Ocasio-Cortez (D-N.Y.) called on Senate Democrats to investigate the flag displayed outside Supreme Court Justice Samuel Alito’s home. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
Last summer, an “Appeal to Heaven” flag was hung outside Alito’s beach villa. Less than two weeks after the Capitol riot, another symbol of rioters, an upside-down American flag, was seen at Alito’s home in suburban Washington.
News of the upside-down American flag caused an uproar last week, with Democratic leaders urging Alito to recuse himself from cases linked to former President Trump.
Justice Alito and the court have not commented on the “Appeal to Heaven” flag. Justice Alito previously said the upside-down American flag was raised by his wife during a dispute with neighbors and that he was not involved.
A white flag with a green pine tree on it was hoisted at Mr. Alito’s waterfront home in New Jersey, according to three photos obtained by The New York Times. The photos were taken on different days in July and September 2023, but it’s unclear how long the flag was in the air overall or how much time Alito spent there.
Supreme Court Justice Samuel Alito Jr. (L) and his wife, Martha Ann Alito, pay their respects at the casket of the Rev. Billy Graham in the Rotunda of the U.S. Capitol on February 28, 2018, in Washington. (AP Photo/Pablo Martínez Monsivais, File)
The flag dates back to the Revolutionary War, but in recent years has become associated with conservatism, Christian nationalism and support for Trump, according to the Times.
This was carried out by rioters inspired by President Trump’s “Stop the Steal” movement.
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Republican members of Congress and state officials also fly the flag. House Speaker Mike Johnson had one displayed in his office shortly after winning the gavel last fall. A spokesman said the speaker appreciated its rich history and was given the flag by a pastor who served as guest chaplain for the House, according to the Associated Press.
A crowd gathers for a “Stop the Steal” rally in Washington, DC on January 6, 2021. Supporters are seen holding “Call Him” flags. (Spencer Pratt/Getty Images)
Alito is part of two pending Supreme Court cases related to Jan. 6: whether President Trump has immunity from prosecution for his efforts to overturn the results of the 2020 election, and whether certain obstruction charges can be applied to rioters. He also participated in the court’s unanimous decision that states cannot use the “insurrection clause” added to the Constitution after the Civil War to block votes for Trump.
Alito shows no signs of backing away from the case.
The Supreme Court’s other conservative justice, Justice Clarence Thomas, has also ignored calls to recuse himself from litigation related to the 2020 election because of his wife, Virginia Thomas’ support for efforts to overturn the results of the 2020 election.
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The judicial ethics code places emphasis on the need for judges to remain independent and avoid political statements or opinions on issues they may be asked to decide. The Supreme Court, which has long lacked its own ethics code, adopted one in November 2023 after facing continued criticism over undisclosed trips and gifts from wealthy benefactors to some judges. However, the code has no means of enforcement.
The Associated Press contributed to this report.
