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Supreme Court Justice Samuel Alito has stated he will not recuse himself from cases related to the 2020 presidential election or the January 6, 2021, Capitol riot. This decision comes despite concerns raised about two controversial flags flown at his properties. In a letter to lawmakers, Alito stated, "The two incidents you cite do not meet the conditions for recusal."
"The two incidents you cite do not meet the conditions for recusal," Alito wrote in the letter. "As I have stated publicly, I had nothing whatsoever to do with the flying of that flag. I was not even aware of the upside-down flag until it was called to my attention."
The Supreme Court is currently considering major cases tied to the 2020 election and the Capitol attack. These include former President Donald Trump's claim of absolute immunity from special counsel Jack Smith's election subversion charges and a January 6 rioter challenging an obstruction charge.
Alito has previously stated that his wife made the decision to fly an upside-down US flag at his Alexandria, Virginia, home in early 2021, resulting from a "very nasty neighborhood dispute." He also stated that a second controversial flag, the "Appeal to Heaven" flag, flown at their vacation home in New Jersey, was also his wife's decision. He was not aware of any connection between this historic flag and the 'Stop the Steal Movement.'
Alito's response to the calls for recusal has sparked criticism. Rep. Hank Johnson, a Georgia Democrat who serves on the House Judiciary Committee, said Alito's response demonstrated a need for Congress to approve an enforceable code of ethics on the high court.