Sen. Dick Durbin says Justice Alito should recuse in Trump cases because of upside-down flag

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WASHINGTON — Senate Majority Whip Dick Durbin, D-Ill., said Friday that Supreme Court Justice Samuel Alito should recuse himself from cases related to the 2020 election after a new report said an upside-down American flag flew outside his home in the days after the Jan. 6, 2021, attack on the Capitol and before President Joe Biden’s inauguration.

Some Trump supporters who were present at the Jan. 6 riot, fueled by former President Donald Trump’s baseless claims that he had won the 2020 election, appear to have similarly displayed the flag around the time of Jan. 6 attack.

“Flying an upside-down American flag — a symbol of the so-called ‘Stop the Steal’ movement — clearly creates the appearance of bias. Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6th insurrection,” Durbin, chairman of the Senate Judiciary Committee, said in a statement.

The Supreme Court is currently weighing two cases that touch upon Jan 6: Trump’s presidential immunity claim in his election interference case, and an appeal brought by a man prosecuted for his role on the day when a mob of Trump supporters charged the U.S. Capitol. Rulings are due by the end of June.