On Wednesday, Supreme Court docket Justice Samuel Alito doubled down on his refusal to recuse himself within the pending Court docket case through which Donald Trump claims immunity from being prosecuted for his actions on and earlier than January 6. Justice Alito despatched a letter saying so to Senate Judiciary Committee Chair Dick Durbin (D-IL) and committee member Sheldon Whitehouse (D-RI).
Yesterday, for the primary time, Chief Justice John Roberts took full possession of his right-wing colleague’s abandonment of judicial ethics. The Chief Justice declined to fulfill with the 2 senators after that they had requested to fulfill about Justice Alito’s refusal to recuse. He thereby added harm to insult.
The letter was a shrill non-denial denial, although Justice Alito added element—a lot of it superfluously self-serving—to a far shorter assertion he had beforehand emailed the New York Occasions. On Could 16, the Occasions had posted a narrative with a photograph of an upside-down American flag flying on the Alitos’ dwelling shortly after Jan. 6, 2021.
A conventional signal of misery, an upside-down flag was carried by some who invaded the Capitol that fateful day. Whereas it flew over the Alitos’ home on January 17, 2021, the Court docket nonetheless had earlier than it the Pennsylvania Republican Celebration’s petition for certiorari searching for to overturn the state’s presidential election; Alito dissented from the denial of certiorari issued the following month.
In its Could 16, 2024 story, the Occasions included Alito’s temporary emailed assertion that the upside-down flag-flying was the doing of his spouse, Martha-Ann; he stated that it associated to a nasty dispute with neighbors and that he was not concerned. (The Occasions appears to have proof, nevertheless, that the neighborhood dispute didn’t erupt until after the flag was taken down.)
On Could 23, the Occasions posted a photograph of a second flag related to Jan. 6 Capitol invaders and flying at a distinct Alito dwelling: An “Enchantment to God” or “Pine Tree” flag was flapping on the Alito’s New Jersey trip home.
Now that’s lightning hanging the identical household’s flagpoles twice, and in two completely different areas—a shocking coincidence if nobody within the household meant to sign identification with those that breached the Capitol on January 6.
There are a collection of tip-offs that there could also be vital issues not being disclosed. One clue is in an observable PR sequence that always occurs in DC and elsewhere when one thing gone amiss turns into public.
Step One: “Deny, deny, deny,” as Hope Hicks, Donald Trump’s one-time marketing campaign communications director, testified was the preliminary technique in 2016 when the Entry Hollywood tape first emerged.
Step Two: If the storm continues, put together a “modified limited hang-out.” That phrase was apparently concocted by John Ehrlichman, one in every of President Richard Nixon’s two high White Home aides and a Watergate convict. The phrase stands for placing out a bit extra data to see if it slows the general public onslaught. However definitely don’t inform the entire fact and nothing however the fact.
Step Three: Get a pre-release copy of your modified, restricted haunt to a media ally so a glowing column on it is able to go. The Wall Road Journal had its editorial—the complete board!—filled with quotes from the letter within the can able to go and out Wednesday.
Wednesday’s letter was Alito’s step two, including shade and element to his unique assertion to the Occasions. Concerning the upside-down flag, the Justice wrote that in January 2021, he had requested his spouse to take it down, however “for the primary a number of days, she refused.” He stated that she “likes flying flags.”
Concerning the “Enchantment to Heaven” flag, the letter stated that neither he nor his spouse have been “conscious of any connection between this historic flag and the ‘Cease the Steal’ motion.” There was no comparable assertion of unawareness with respect to the upside-down flag.
Maybe consciousness is why the Justice requested her to take it down. Was she flying the quiet half out loud?
Certainly, what made Justice Alito’s denials non-denials is the absence in both Alito communication of easy, clear statements for which the controversy known as. For instance: “I don’t help those that invaded the Capitol on January 6. Nor does my spouse.” Justice additionally omitted assurances like this: “Acts of lawless protest are the alternative of the rule of regulation, for which I stand.”
It’s not justice however the Justice right here who’s turning a blind eye. What he doesn’t appear to see is that the query of improper appearances goes past partiality in pending instances. It’s additionally about whether or not he believes in violence or the rule of regulation.
Name me a suspicious old-time former prosecutor a few questionable coincidence. I keep in mind prosecuting a lumber yard proprietor in Oakland, California, who had a fireplace at his enterprise. He’d moved from New Jersey . . . the place he’d additionally had a fireplace at his lumber yard.
He collected insurance coverage proceeds from the primary hearth with none critical felony investigation. However two fires by the identical proprietor on completely different coasts? That prompted federal curiosity, an indictment, and a conviction for each arsons.
Coincidences occur, however two insurrection-associated flags mixed with the notable absence of any condemnation of the “Cease the Steal” motion or January 6? It’s sufficient to make an individual surprise.
This skeptic’s antenna additionally goes up each time the topic of critique doth protest with an excessive amount of righteous indignation over official questions being raised. Justice Alito’s Wednesday letter goes full feminist civil rights protector, talking of his spouse’s First Modification rights and her entitlement to make her personal selections. He even shared that she purchased the holiday dwelling along with her personal cash. To not point out how a lot she has sacrificed being a Supreme Court docket Justice’s partner.
TMI, already! All these issues will be true proper alongside the looks of impropriety, particularly within the absence of any assertion dissociating himself from the violence on January 6.
We’re speaking in regards to the Court docket’s fragile legitimacy. Recusal needn’t be a confession of wrongdoing however is definitely a service to the legitimacy of an establishment he’s been a part of for almost twenty years.
Regrettably, that’s all fairly clearly in Justice Alito’s blind spot. Word his letter’s peremptory tone because it hurled unsubtle accusations at his accusers:
An inexpensive one who isn’t motivated by political or ideological issues or want to have an effect on the result of Supreme Court docket instances would conclude that this occasion doesn’t meet the relevant normal for recusal.
The letter contains that very same sentence twice in two-and-a-half pages. The identical Trumpian “I’m-rubber-and-you’re-glue” projection tactic.
Seven many years in the past, Justice Abe Fortas resigned from the Court docket for an obvious battle of curiosity that appears quaint by right this moment’s requirements. The accusations in opposition to him definitely solid no cloud on his loyalty to the Structure. That was a time once we not solely anticipated the next normal of moral conduct from our Supreme Court docket justices. We additionally bought it.
