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Justice Alito tells Congress he will not recuse himself over flags

Supreme Court Justice Samuel Alito told Democratic Senators Dick Durbin of Illinois and Sheldon Whitehouse of Rhode Island: letter He will not recuse himself from any lawsuits related to Donald Trump and the 2020 election over flags flying at his home, according to a statement filed Wednesday.

Democrats and the media have accused Alito of showing bigotry by flying an upside-down American flag in 2021 and by flying an “Appeal to Heaven” flag on his own property, arguing that Alito sympathized with the rioters and protesters who were in Washington, DC, on January 6, 2021. Both flags are not tied solely to January 6th, but have deep historical ties to the United States dating back hundreds of years.

“I am therefore obligated to reject your request to resign.”

Regarding the upside-down American flag hanging in Alito’s Virginia home, he said his wife decided to put it up because their neighbors were being aggressive towards him.

“My wife and I co-own our home in Virginia. As such, she has the legal right to use the property as she sees fit, and there was no additional step I could have taken to have the flag taken down more quickly. The reasons why my wife put up the flag are irrelevant for our purposes, but I will note that at the time she was experiencing great distress due to a very nasty neighborhood dispute in which I had no involvement whatsoever. A house down the street had a sign posted that personally attacked my wife, and the man who lived in that house at the time followed her down the street and berated her in my presence in foul language, including some of the most vulgar language that can be used against a woman.”

Alito pointed out that his wife is an ordinary US citizen and has the same free speech rights as any other citizen, adding that she flies a variety of flags on their property throughout the year.

“When my wife flew the ‘Call Him Heaven’ flag, I was unfamiliar with the flag. She said it was a flag that dated back to the American Revolutionary War and may have assumed she was flying it to convey a religious and patriotic message. I was unaware of the connection between this historic flag and the ‘Stop the Steal’ movement, and neither was she. She was not flying it to associate herself with any other group, and just because a new group uses an older, historic flag does not necessarily remove the flag’s other meanings,” he explained.

“Any reasonable person not motivated by political or ideological considerations or a desire to influence the outcome of the Supreme Court would conclude that this case does not meet the test for recusal. I am therefore bound to deny the request for recusal,” Alito concluded.

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