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Justice Alito tells Congress he will not recuse from Jan. 6-related cases

Justice Samuel A. Alito Jr. on Wednesday rejected calls to recuse himself from Jan. 6-related cases at the Supreme Court after Democratic lawmakers questioned whether he could avoid the appearance of bias following reports that an upside-down flag flew at his home in the weeks after the attack on the U.S. Capitol in 2021.

In a letter to Democratic leaders in the House and Senate, Alito said that flag and a second, religious-themed flag also embraced by Jan. 6 rioters, were flown by his wife without his knowledge, and that the incidents do not meet the conditions for recusal outlined in the Supreme Court's code of conduct.

Alito disclosed for the first time that he was not aware of the upside-down flag outside his home in the Alexandria section of Fairfax County, Va., until it was called to his attention and that his wife initially resisted taking it down.


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