Senators Call for Recusals of Justices Thomas and Alito in Cases Related to Capitol Attack Amid Flag Controversies

Princeton, New Jersey, New Jersey, USA United States of America
Justice Alito has explained that he was permitted and obligated to sit on two Jan. 6 cases despite these controversies, stating that his wife had flown the flags in question.
Rep. Jamie Raskin (D-Md.) has called for the Department of Justice to petition the Supreme Court to force recusals of Justices Clarence Thomas and Samuel Alito in cases related to the Jan. 6, 2021 Capitol attack due to flag controversies linked to the 'Stop the Steal' effort.
Sen. Richard Blumenthal (D-CT) has labeled Justice Alito's reasons for not recusing himself as 'flimsy excuses' and questioned his impartiality in cases involving the 2020 presidential election and the January 6, 2021, US Capitol riot due to these flag controversies.
Senators Call for Recusals of Justices Thomas and Alito in Cases Related to Capitol Attack Amid Flag Controversies

Rep. Jamie Raskin (D-Md.) has argued that the Department of Justice (DOJ) can petition the Supreme Court to force recusals of Justices Clarence Thomas and Samuel Alito in cases related to the Jan. 6, 2021 Capitol attack due to controversies over flags reportedly flown at their properties linked to the 'Stop the Steal' effort (The Hill).

Sen. Richard Blumenthal (D-CT) has labeled Alito's reasons for not recusing himself as 'flimsy excuses' and questioned his impartiality in cases involving the 2020 presidential election and the January 6, 2021, US Capitol riot due to these flag controversies (CNN).

Justice Alito has explained that he was permitted and obligated to sit on two Jan. 6 cases despite these controversies, stating that his wife had flown the flags in question (The New York Times). However, legal ethicists have criticized his reasoning for not recusing himself.

Public trust in the Supreme Court has fallen amid ethics scandals and scrutiny is certain to be intense as they decide cases concerning former President Donald J. Trump that could influence the outcome of the next election.



Confidence

85%

Doubts
  • Are the flag controversies sufficient grounds for recusal?
  • Is it appropriate for politicians to publicly call for recusals of Supreme Court justices?

Sources

93%

  • Unique Points
    • Sen. Richard Blumenthal (D-CT) discussed Justice Alito’s decision not to recuse himself from cases involving the 2020 presidential election or the January 6, 2021, US Capitol riot despite concerns about controversial flags that have flown on his properties.
    • Blumenthal labeled Alito’s reasons for not recusing himself as ‘flimsy excuses’
  • Accuracy
    • Justice Alito explained his reasons for participating in two Jan. 6 cases despite controversies over flags associated with the 'Stop the Steal' movement being displayed outside his houses.
    • Justice Alito wrote letters to Democratic lawmakers stating that he was permitted and obligated to sit on two cases related to former President Donald J. Trump’s immunity and the federal obstruction law covering participants in the Jan. 6 assault.
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (100%)
    None Found At Time Of Publication
  • Bias (100%)
    None Found At Time Of Publication
  • Site Conflicts Of Interest (100%)
    None Found At Time Of Publication
  • Author Conflicts Of Interest (0%)
    None Found At Time Of Publication

82%

  • Unique Points
    • Justice Samuel A. Alito Jr. explained his reasons for participating in two Jan. 6 cases despite controversies over flags associated with the 'Stop the Steal' movement being displayed outside his houses.
    • Justice Alito wrote letters to Democratic lawmakers stating that he was permitted and obligated to sit on two cases related to former President Donald J. Trump’s immunity and the federal obstruction law covering participants in the Jan. 6 assault.
    • Public trust in the Supreme Court has fallen amid ethics scandals and scrutiny is certain to be intense as they decide cases concerning Donald Trump that could influence the outcome of the next election.
  • Accuracy
    • Justice Alito explained his reasons for participating in two Jan. 6 cases despite controversies over flags associated with the 'Stop the Steal' movement being displayed outside his houses.
    • Martha-Ann Alito refused to take down the flag despite her husband’s request.
  • Deception (100%)
    None Found At Time Of Publication
  • Fallacies (85%)
    The article contains an appeal to authority and a potential example of a dichotomous depiction. Additionally, the author presents statements without providing context or clarification which could potentially lead to confusion.
    • Experts in legal ethics said they welcomed Justice Alito’s decision to explain himself. But they were not persuaded by the reasoning in his letters...
    • Mr. Trump praised the justice in a radio interview on Wednesday. “Alito is a tough guy, and he’s strong and very, very smart, and he put out a great statement today,” Mr. Trump said.
  • Bias (95%)
    The author, Adam Liptak, expresses a critical tone towards Justice Alito's decision not to recuse himself from the cases despite his wife flying 'Stop the Steal' flags. The author also quotes legal ethicists who are skeptical of Alito's reasoning and states that experts in legal ethics were not persuaded by his explanation.
    • But they were not persuaded by the reasoning in his letters,
      • Experts in legal ethics said they welcomed Justice Alito’s decision to explain himself. But they were not persuaded by the reasoning in his letters,
      • Site Conflicts Of Interest (0%)
        None Found At Time Of Publication
      • Author Conflicts Of Interest (100%)
        None Found At Time Of Publication

      95%

      • Unique Points
        • Rep. Jamie Raskin (D-Md.) argued that the DOJ could petition the Supreme Court to force recusals of Justices Clarence Thomas and Samuel Alito in cases related to the Jan. 6, 2021 Capitol attack.
        • The DOJ can invoke two authorities for this motion: the due process clause of the Constitution and the federal statute mandating judicial disqualification for questionable impartiality (28 U.S.C. Section 455).
      • Accuracy
        • ]The DOJ can petition the Supreme Court to force recusals of Justices Clarence Thomas and Samuel Alito[/
        • in cases related to the Jan. 6, 2021 Capitol attack.
      • Deception (100%)
        None Found At Time Of Publication
      • Fallacies (100%)
        None Found At Time Of Publication
      • Bias (100%)
        None Found At Time Of Publication
      • Site Conflicts Of Interest (100%)
        None Found At Time Of Publication
      • Author Conflicts Of Interest (100%)
        None Found At Time Of Publication

      60%

      • Unique Points
        • Justice Samuel A. Alito Jr.’s wife, Martha-Ann, flew an upside-down US flag as a sign of distress.
        • Martha-Ann Alito refused to take down the flag despite her husband’s request.
        • Martha-Ann Alito owns their New Jersey vacation home in her name and purchased it with money she inherited from her parents.
      • Accuracy
        • Justice Alito's wife flew an upside-down US flag as a sign of distress.
        • The dispute between Martha-Ann-Alito and her neighbor was related to the election but this information was not mentioned by Justice Alito in all statements.
      • Deception (30%)
        The author, Ruth Marcus, uses emotional manipulation and sensationalism in her article 'The strange case of Alito v. Alito'. She portrays the situation between Justice Samuel A. Alito Jr. and his wife Martha-Ann as 'weird' and 'acrimonious', implying that there is something untoward going on between them. She also uses the phrase 'flag-flying wife' to create an image of a disrespectful spouse, which is not directly related to the issue at hand. Furthermore, she selectively reports details about the Alitos' flag incident and their property ownership, only mentioning those that support her argument for deception and ethical concerns.
        • My husband is active in politics, but we don’t have campaign signs on our lawn out of deference to my role as a journalist... Not the Alitos.
        • She has made many sacrifices to accommodate my service on the Supreme Court, including the insult of having to endure numerous, loud, obscene, and personally insulting protests in front of our home that continue to this day and now threaten to escalate
        • That is one weird marriage... I am talking, of course, about Justice Samuel A. Alito Jr. and his flag-flying wife, Martha-Ann
      • Fallacies (80%)
        The author makes an appeal to authority by referencing her own experiences and marriage. She also uses inflammatory rhetoric by describing the Alito's actions as 'weird' and 'inappropriate'. However, she does not explicitly name any formal fallacies or dichotomous depictions in the article.
        • ]My husband is active in politics, but we don’t have campaign signs on our lawn out of deference to my role as a journalist.[
        • Seriously? Is he really arguing that this is about tenancy by the entirety, or who owns what property in fee simple?[
        • I am no fan of protests at justices’ homes. But asking us to feel sorry about her ‘sacrifices’ to ‘accommodate my service’? Give me a break.[
      • Bias (5%)
        Ruth Marcus demonstrates ideological bias by criticizing Justice Samuel A. Alito's decision not to recuse himself from hearing Trump-related election cases based on his wife's display of an upside-down American flag and an 'Appeal to Heaven' banner, which she owns independently. Marcus implies that Alito should have taken more action to prevent his wife from flying the flags, despite acknowledging that they are legally hers to display. She also questions Alito's candor regarding the length of time the flags flew and suggests that he recognized their potential significance but did not act accordingly.
        • As I’ve written about Clarence and Virginia Thomas, each of them gets to have their separate career, but when one impinges on the other, something’s got to give. To say that isn’t anti-feminist – it’s pro-ethics.
          • If he was alarmed then, why doesn’t the public have every reason to be alarmed now?
            • My husband is active in politics, but we don’t have campaign signs on our lawn out of deference to my role as a journalist. During his many years of government service, I stayed away from writing about issues in which he was involved – you might say I recused myself – so as not to put either of us in an uncomfortable position.
              • One of the striking aspects of Alito’s letter is that it exposes his lack of candor. His first few renditions of the incident had the flag flying ‘briefly’ and ‘for a short time.’ As The Post reported, and Alito now acknowledges, it flew ‘for several days.’ In what world is that ‘briefly’?
                • She has made many sacrifices to accommodate my service on the Supreme Court, including the insult of having to endure numerous, loud, obscene, and personally insulting protests in front of our home that continue to this day and now threaten to escalate.
                • Site Conflicts Of Interest (100%)
                  None Found At Time Of Publication
                • Author Conflicts Of Interest (100%)
                  None Found At Time Of Publication