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Alito Doubles Down, Refuses To Recuse From Jan. 6 Cases After Left’s Attacks

FILE - Supreme Court Justice Samuel Alito pauses after swearing in Mark Esper as Secretary of Defense during a ceremony with President Donald Trump in the Oval Office at the White House in Washington, July 23, 2019. A second flag of a type carried by rioters during the attack on the U.S. Capitol on Jan. 6, 2021, was displayed outside a house owned by Alito according to a report published May 22, 2024, by The New York Times. (AP Photo/Carolyn Kaster, File)

Supreme Court Justice Samuel Alito has written letters to lawmakers in the House and Senate responding to concerns about the flying of an upside-down American flag outside his home in Virginia, and an “Appeal to Heaven” flag at a vacation home in New Jersey.

In the letters, Alito said he won’t recuse himself from former President Trump’s immunity case or other cases relating to the 2020 presidential election or the Jan. 6 Capitol protests.

Senate Judiciary Committee Chairman Dick Durbin, D-Ill., is among those who have called on Alito to recuse himself from such cases following a revelation that an upside-down flag was flown at his home in Virginia a week after the Capitol riot on Jan. 6, 2021.

“Flying an upside-down American flag — a symbol of the so-called ‘Stop the Steal’ movement — clearly creates the appearance of bias,” said Durbin in a statement.

“Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6th insurrection, including the question of the former President’s immunity in U.S. v. Donald Trump, which the Supreme Court is currently considering,” he added.

But Alito, in a message to Durbin and the other lawmakers addressed Wednesday, wrote that the two incidents “do not meet the conditions for recusal.”

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