Alito tells Fox News story behind his 'Stop the Steal' flag — but critics unconvinced

U.S. Supreme Court Justice Samuel Alito in 2017 (Creative Commons)

Justice Samuel Alito on Friday appeared to compound concerns over the bombshell New York Times report revealing a flag associated with the January 6 insurrection and the “Stop the Steal” movement was flying at his house just before Joe Biden was inaugurated and while the Supreme Court was reviewing a 2020 election case.

Alito, whose far-right positions including writing the majority opinion in the Supreme Court case overturning Roe v. Wade, have infuriated and frustrated the left, once again has found himself the subject of apprehension over his impartiality and grasp of ethical norms.

In a rare move, the embattled justice, who now faces strong calls for his ouster, spoke immediately to the news media to address those issues, and revealed the story behind the decision to fly the “Stop the Steal” flag at his home.

Confirming again it was his wife who put the flag up, Alito seemed neither remorseful nor cognizant of the great ethical and credibility violation that act represented.

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“I spoke directly with Justice #Alito about the flag story in the NYT,” Fox News host Shannon Breem reported late Friday morning via social media. “In addition to what’s in the story, he told me a neighbor on their street had a ‘F— Trump’ sign that was within 50 feet of where children await the school bus in Jan 21. Mrs. Alito brought this up with the neighbor.”

“According to Justice Alito, things escalated and the neighbor put up a sign personally addressing Mrs. Alito and blaming her for the Jan 6th attacks,” Breem continued.

“Justice Alito says he and his wife were walking in the neighborhood and there were words between Mrs. Alito and a male at the home with the sign. Alito says the man engaged in vulgar language, ‘including the c-word’,” she wrote. “Following that exchange, Mrs. Alito was distraught and hung the flag upside down ‘for a short time’. Justice Alito says some neighbors on his street are ‘very political’ and acknowledges it was a very heated time in January 2021.”

The Bulwark’s Bill Kristol chastised Breem, noting she got Alito’s side of the story without “trying to see how it compares with the accounts and recollections of others involved. If only the anchor had the resources of a ‘news’ channel to seek out the truth!”

Some critics responding to Breem’s report say Alito’s explanation doesn’t make their perception of his actions — or his wife’s – any more reasonable.

Former George W. Bush administration official Christian Vanderbrouk commented, “Sam Alito is unapologetic for desecrating an American symbol as part of a neighborhood feud.”

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“Interesting claims by Alito,” attorney Robert J. DeNault remarked. “Not sure it’s reasonable to think any person would react to a neighbor disagreeing — even crassly or rudely — over Trump by hanging an American flag upside down. Does not feel credible to contend Alito’s upside flag was divorced from MAGA symbolism.”

“Alito speaks to Fox about New York Times report, continues to attribute it to his wife, but does not explain why his wife’s reaction to a ‘fuck Trump’ sign and being insulted was to hang an American flag upside down in the days after Jan. 6.” observed CNN’s Edward-Isaac Dovere. “Suburban neighborhood disputes happen all the time – over lawn care, noisy children, Christmas lights… all sorts of things. Not many instances of an escalated response being a now very politicized symbol of military distress.”

“Friendly reminder the entire GOP and Fox News is screaming on practically a daily basis that Judge Merchan needs to recuse because of the work his adult daughter separately does,” national security attorney Brad Moss offered. “But yeah, this is no biggie.”

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