'Grave': Justice Alito put on notice that he might have committed an 'impeachable offense'

Samuel Alito (Photo by Nicholkas Kamm for AFP)

Supreme Court Justice Samuel Alito may have committed an impeachable offense in the course of defending from the upside down-flag controversy in which he's embroiled.

Former federal prosecutor Harry Litman appeared on CNN on Saturday, where he was asked about the recent scandals facing members of the nation's highest court.

The host first asked Litman what options American citizens or lawmakers have to hold someone on the Supreme Court to account for refusing to step aside on cases when they are clearly convicted out.

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"They are really few," he said.

Litman went on to say that Alito, under fire for a flag associated with "Stop the Steal" efforts that was displayed on the justice's property, wrote a letter that might end up being problematic for him.

Litman said Alito "has written to the congress, saying nobody could reasonably questioned my impartiality that the flag was flying."

"Think about it for a moment. And say you were involved in a gay rights case," he added. "You were on the other side and you pass a judge's house and the gay pride flag is flying. In my mind, you can think reasonably that person won't be impartial."

The host brought up the fact that the neighbor at the heart of the alleged incident contradicted Alito's position and suggested he's "lying."

Litman then notes that "there is the discrepancy and I really think it is essential to get to the bottom of it.

"If it's the case, I am not saying it's the case, but if it is that Justice Alito sent a letter her to the congress and didn't tell the truth in it. That is exceptionally grave. I think that would be an impeachable offense."