Alito says his wife is responsible for putting ‘Stop the Steal’ solidarity flag on front lawn after Jan. 6 insurrection

Left FILE – Associate Justice Samuel Alito joins other members of the Supreme Court as they pose for a new group portrait, at the Supreme Court building in Washington, Oct. 7, 2022. (AP Photo/J. Scott Applewhite, File); Right: With the U.S. Capitol in the background, a demonstrator waves an upside down American flag before a rally in Washington, Saturday, Sept. 18, 2021. The rally was planned by allies of former President Donald Trump and aimed at supporting the so-called “political prisoners” of the Jan. 6 insurrection at the U.S. Capitol. (AP Photo/Jose Luis Magana)

The legal community is reeling from reports that U.S. Supreme Court Justice Samuel Alito said his wife was responsible for placing an upside-down flag — a move widely seen as signaling agreement with unsupported claims of fraud in the 2020 presidential election — on the couple’s front lawn in Alexandria, Virginia, days after the insurrection at the U.S. Capitol on Jan. 6, 2021.

The New York Times reported Thursday that it obtained photos of an upside down flag displayed at the Alito home on Jan. 17, 2021. President Joe Biden would be inaugurated three days later as the nation grappled with the aftermath of Donald Trump supporters waging a violent attempt to thwart the process behind the peaceful transition of power.

The timing of the flag display is especially problematic. On Jan. 17, 2021, the Supreme Court was considering a case about the 2020 election as well as two cases about the insurrection, including one about Trump’s immunity from legal action. About a month later, the Supreme Court would go on to reject the cases over a dissent written by Justice Clarence Thomas.

According to the Times, it is unclear how long the flag was displayed outside the Alito residence. However, the Times reported that it reviewed an email sent on Jan. 18, 2021, from one of the Alitos’ neighbors to a relative indicating that the flag had already been flown upside down for several days.

The Times also reported a statement from Alito himself in which he said, “I had no involvement whatsoever in the flying of the flag.”

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