Second Flag Linked To Jan. 6 Rioters Seen At Justice Alito's Vacation Home, Says Report

A second flag, similar to those carried by rioters during the Jan. 6 Capitol attack, was displayed outside Supreme Court Justice Samuel Alito's vacation home, according to a report on The New York Times.

Alito is currently involved in two pending Supreme Court cases related to Jan. 6: one concerning Donald Trump's immunity from prosecution for attempting to overturn the 2020 election; and another on whether a specific obstruction charge can be used against rioters.

The New York Times reported on Wednesday that an "Appeal to Heaven" flag was spotted at Alito's residence near Washington, D.C., less than two weeks after the insurrection.

It comes after reports that an inverted American flag — a symbol used by rioters during the Capitol attack — was flown outside Alito's beach vacation home last summer.

The upside-down flag at his residence had sparked an uproar last week, with high-ranking Democrats calling for Alito to recuse himself from cases related to Trump.

Alito has previously said that the inverted American flag was flown by his wife during a dispute with neighbors, and he had no involvement in it.

Originating from the Revolutionary War, the Appeal To Heaven flag — a white flag with a green pine tree — has recently been associated with Christian nationalism and Trump supporters. It was carried by rioters during the Capitol attack, driven by Trump's false claims of election fraud.

The same flag was seen flying at Alito's beach home in New Jersey, according to photographs obtained by The New York Times. The images, taken in July and September 2023, do not clarify how long the flag was displayed or how much time Alito spent at the property.

A Google Street View image from late August also captured the flag.

The reports of the second flag has led to renewed calls for Alito to recuse himself from Trump-related cases.

Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington, one of the parties in the cases, said that Alito's impartiality is now questionable, urging him to step aside from cases.

Rep. Alexandria Ocasio-Cortez (D-N.Y.) called on Senate Democrats to investigate the display of flags.

In defense of Alito, former national security adviser John Bolton criticized the backlash.

"I think it is outrageous, outrageous and unacceptable, for people to take a flag from the American Revolution and say that because some January 6 protesters flew it, that it's now unacceptable to fly that flag, and I'd like to hear a Democratic Party politician say that expressly," he said.