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May 24, 2024

Schiff, Court Reform Now Task Force Call for Justice Alito to Recuse Himself in Trump Immunity Case, Jan. 6 Cases

Washington, D.C.— Today, Representative Adam Schiff (D-Calif.) and the House Court Reform Now Task Force sent the following letter to Justice Samuel Alito demanding that he recuse himself  from any further participation in the case of Trump v. United States and other cases related to January 6 and the 2020 election. The letter comes in response to new reporting that yet another flag symbolizing support for Donald Trump was flown at Alito’s vacation home in the summer of 2023. 

“New reporting compels us to write you a second time this week, once again urging that you recuse yourself from any further participation in Trump v. United States, Fischer v. United States, and any other cases that may arise involving Donald Trump, the January 6, 2021, attack on the Capitol, or attempts to overturn the 2020 election. Last week, we were appalled when a New York Times report revealed that you flew an inverted flag  outside your home before President Biden’s inauguration, a fact that you confirmed,” the Task Force wrote.

“Canon 5 of the Court’s ethics guidelines states that “a Justice should refrain from political activity.”  And in Canon 3B, the guidelines declare that “a Justice should disqualify himself or herself in a proceeding in which the Justice’s impartiality might reasonably be questioned, that is, where an unbiased and reasonable person who is aware of all relevant circumstances would doubt that the Justice could fairly discharge his or her duties.”  The guidelines detail such instances, including those in which the Justice has a personal bias or prejudice concerning a party,” the Task Force continued.

“Unquestionably, any reasonable person would doubt that someone who has flown “Stop the Steal” symbols at two of his homes over the past few years can be impartial in deciding whether Mr. Trump and his supporters should face criminal prosecution for their actions arising from the “Stop the Steal” movement. Accordingly, this indisputable appearance of a conflict of interest requires that you recuse yourself from such cases,” the Task Force concluded.

Read the full letter HERE.