Why Justice Alito should recuse from Jan. 6 cases after upside-down flag report

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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.

The Supreme Court has two major pending decisions related to the Jan. 6 insurrection and Donald Trump: the former president’s immunity claim in his federal election interference case and an appeal over an obstruction charge used against Trump and other Jan. 6 defendants. At both hearings, Justice Samuel Alito suggested he favored the arguments by Trump and Jan. 6 rioters.

Alito reportedly told Bream that his wife hung the flag that way “for a short time,” which, again, implicitly acknowledges the impropriety of doing so. At any rate, Alito’s statement to the Times raises all sorts of questions that it doesn’t answer: Did he see the flag at his own home? If so, did he consider what it conveyed to the public as a Supreme Court justice weighing a 2020 election case? What was Mrs.

 

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