Trump praises Alito for refusal to recuse on Jan. 6 cases

Former President Trump on Wednesday praised Supreme Court Justice Samuel Alito for his refusal to recuse himself from upcoming cases related to the 2020 election and Jan. 6, 2021, after it was reported that flags connected to the “Stop The Steal” effort were flown outside his homes. 

“Congratulations to United States Supreme Court Justice Samuel Alito for showing the INTELLIGENCE, COURAGE, and ‘GUTS’ to refuse stepping aside from making a decision on anything January 6th related,” Trump posted on Truth Social.

“All U.S. Judges, Justices, and Leaders should have such GRIT – Our Country would be far more advanced than its current status as A BADLY FAILING NATION, headed by the Worst President in American History, Crooked Joe Biden!” he added.

Alito, who was nominated by former President George W. Bush, wrote in a pair of letters to members of Congress on Wednesday that he had nothing to do with flags that were flown over his homes, including an upside-down American flag he said his wife, Martha-Ann, flew as part of a dispute with neighbors in Alexandria, Va.

The upside-down flag has long been known as a signal to indicate distress, but it has been used by those protesting former President Trump’s loss in 2020 and became associated with the  “Stop the Steal” movement, which tried to prevent the transfer of presidential power based on false claims of election fraud.

The Supreme Court’s ethics code says justices should not make political statements, in order to preserve their impartiality on matters that arrive before the court.

The Supreme Court is set to rule on a pair of key cases in the coming weeks related to the Jan. 6 attack, including whether Trump has immunity from prosecution. 

Trump is asserting that a president has absolute immunity for official acts while in office, and that this immunity applies after leaving office. He and his counsel have argued the protections cover his efforts to prevent the transfer of power after he lost the 2020 election, which are at the heart of criminal charges against him in Washington.

If the Supreme Court agrees with Trump, many of his criminal indictments could unwind. Even if the court does not go that far, its decision could delay actions in several of Trump’s cases beyond the presidential election.