Us says no american troops set foot in gaza during the the operation. Thanks very much for watching. I will flutter in this room bronk next, Justice Samuel alito, throwing his wife under the bus is calls grow for him to recuse himself from any cases related to trump. Those crucial opinions are expected any day and the nations top constitutional expert, laurence tribe, is out front plus mtg versus aoc Marjorie Taylor greene. Now, doubling down after a late night house for that played out on camera. Top democrat and not hearing room as my guest. And cnns exclusive video of Sean Diddy Combs physically assaulting his former girlfriend a reporter who has long covered the mobile is out front. Is this just the tip . For the iceberg . Lets go out front and good evening. Im Erin Burnett Outfront tonight. My wife did it. That is the excused from Supreme CourtJustice Samuel alito as voices are growing louder for him to recuse himself from two crucial cases tied to trump, cases that the nine justices are deciding right now, we could find out and some of the please, any day theyre related to trumps efforts to overturn the election and that is why this image is at issue. The image obtained by the New York Times was taken just days after the january 6 insurrection. And as you see, thats the american flag, intentionally flown upside down. It is flying outside the home of Justice Samuel alito now that choosing to do that is a known symbol of solidarity among trumps supporters who believed that the election was stolen. Now, tonight, alito is insisting that he had nothing to do with it, telling me are times quote, it was briefly placed by mrs. Alito in response to a neighbors use of objectionable and personally insulting language on yard heard signs. Mrs. Alito blaming his wife while the blame mrs. Alito excuse, is not flying with the chairman of the Senate Judiciary committee, dick durbin saying in a statement, he says a leader should recuse himself from any cases related to the 2020 election. Obviously that means the Immunity Case and the jack smith Case Derbin Rights in a statement, flying an upside down american flag, a symbol of the socalled stop the steal movement, clearly creates the appearance of bias now, just to state the very obvious here for me, for everybody watching the Supreme Court justice should know better than to have such a blatant political display in his front yard. Its common sense but if there were any question about it, the court does have an internal rule book that he could have consulted. It reads employees may not engage in partisan political activity. For example, publicly support or oppose a partisan Political Organization or candidate this includes displaying signs are bumper stickers, or stating positions on social media pretty obvious stuff. But important to note in the context of the fact that public trust and the Supreme Court is near record low according to a gallup poll. And the Supreme Court, as i speak, as i said, they are as we speak making crucial decisions. They are considering outcomes that could determine the next election. Remember one of the two cases . They are deciding is the Immunity Case. Thats trumps defense that he has absolute immunity from criminal charges in relation to anything he did while in office if the Supreme Court grants trump at immunity. Jack smiths case is done and over it is gone and never see The Light Of Day and the other issue before the Supreme Court involves the justice departments ability to charge participants in the january 6, could affect hundreds of convictions. Now, of course, its not just alito on the court who is letting his wife take the heat. Justice Clarence Thomas has been silent about his wifes attendance at trumps january 6 rally. And are efforts to try it overturn the election, including Text Messages that she sent to mark meadows, trumps chief of staff. One said, help this its great president stand firm mark, you are the leader with him who is standing for americas constitutional governments at the precipice. The majority knows biden and the left is attempting the greatest heist of our history again, thats Clarence Thomas, his wife, ginni the bottom line is two of the nine justices on the american Supreme Court have spouses who have made very clear, unambiguous political statements and actions and words. And those justices are sitting on the bench. And as we speak weighing in on cases that will determine the president ial election and trumps fate. Jessica schneider is out front live outside the Supreme Court and jessica this is really an incredible moment, and this is a court that find itself embroiled deeper and deeper and controversy yeah i mean you, got it, aaron. There are multiple ethics questions facing this court all while the public Approval Rating is just plummeting, you heard from democratic senator dick durbin calling on Justice Alito to recuse himself from any 2020 related case but all signs right now, or that Justice Alito nor Justice Thomas have any plans on accusing all while theres this mountain growing questions and criticism have you enjoyed your husband being on the court so far . Well, its been quite an adventure as you can well, imagine, martha and alito has largely stayed out of the spotlight since her husband joined the Supreme Court nearly two decades ago, and his farright views came under attack during a grueling confirmation process. That left her emotional and senator Lindsey Graham jumping to his defense. Guilt by association is gone. Dr. Goodman and women away from wanting to sit where youre sitting. But now her husband is putting her squarely in the spotlight because of this picture published by the New York Times showing an upside down flag that became a symbol of this stop the steal movement after the 2020 election flying outside of the alitos home in the days surrounding joe bidens president ial inauguration Justice Alito has laid the blame on his wife in this statement to the New York Times, i had no involvement whatsoever in the flying of the flag. It was briefly placed by mrs. Alito in response to a neighbors use the objectionable and personally insulting language on yard signs. I have met Justice Alito decent person. I think this is just beyond the pale at this point, you can have people doing this. I have a wife who has very strong opinions about things. I took some real shots when i was on the federal bench. But you keep that in the house, martha and is just the latest Supreme Courts spouse at the center of controversy. Ginni thomas exchanged texts with trumps then chief of staff, mark meadows pushing him to challenge the 2020 election results. Weve got petitions pending before the Supreme Court, and she communicated with john eastman, the architect of the fake like doors scheme, and the man who pressured mike pence to refuse to certify the Results Thomas has so far not recused and current cases being decided by the court the issue here is not that a justices spouse cant do things. The issue here is that a justice is responsible to the high calling of the rule of law. Justice thomas and Justice Alito, reliable conservatives on the court have also indicated they could be leaning toward trump and hundreds of Capitol Rioters in cases this term, there have been many a violent protests that have interfered with proceedings as the government applied that provision to other protests in the past, the president may be criminally prosecuted by a bitter political opponent. Will that not lead us into a site . Goal that destabilizes the functioning of our country is a democracy now, it should be noted that Justice Thomas did recuse himself from a case involving john eastman. Now when it comes to that Immunity Decision involving the former president trump, the decision from the court really could come at any day now, and aaron, that decision will directly impact whether and when the trial the criminal trial against donald trump will move forward here in washington. And like i said so far, no signs. Justice thomas or Justice Alito will recuse aaron thank you very much. And now, laurence tribe, noted legal scholar and professor of Constitutional Law at harvard, joins us and professor a barely appreciate your time. Do you think that Justice Alito should recuse himself from all cases related to trump and to the election at this point i do i dont think theres any question about it. Its in many ways more serious than what we have seen with just thomas. At least Justice Thomas could say that my wife, ginni has her own separate career we dont talk about the cases you may believe that or you may not. But thats a very different from whats going on with Justice Alito hes not saying my wife has her own separate career. Hes throwing her under the bus and blaming her for what is on his house, his flagpole its his flag malfunction. Its his upside flag and everyone knows that the upsidedown flag, which the United States code says should be flown that way only in cases of absolute emergency as a kind of sos was in this Case A Symbol of the clock claim that the election was stolen from donald trump. It was the banner of the insurrectionists. And im reminded of something that the late Justice Scalia said in a opinion he wrote in 1987 you cannot expect to ride with the cups if you cheer for the robbers. This case, Justice Alito expects to preside over a decision about whether there wasnt his direction and who was responsible for it and whether donald trump, who has been charged with involvement in trying to obstruct the operations of government and the transfer of power is immune number of cases before the court. Hes obviously not qualified to, sit in this case so the Fox News Anchor that Shannon Bream spoke to Justice Alito after the photo was published. And professor tribe, she wrote on social media bit more detail. She said he told me a neighbor on their street had an f trump sign that was when fifth with it. Im sorry. Was within 50 feet of where children await the school bus so in january of 2021, mrs. Alito brought this up with a neighbor following that exchange, mrs. Alito was distraught and hung the flag upside down for a short time. Again, as you point out, no one who would flag the fly, the flag this way at that time would anybody who would do that knew exactly what they were doing but this is like even more detail that he is providing to fox news. What do you make of this excuse . Well, i think what we need to hear from is not mrs. Alito, but Justice Alito under oath before the Senate Judiciary committee. It should consider ducting an enforceable Code Of Ethics right now, 28 us code section 4505 says that any federal judge or justice must not may, but must recuse him or herself. In any case where either that justice or the justices spouse has an skin in the game theres no distance here between mr. Alito and mrs. Alito its clear that whatever offensive sign was involved that dispute between neighbors trivializes whats involved here is certainly didnt the alito kids to have the neighbor foot an fu sign, right . I didnt state the obvious. Theyre not that someone couldnt be upset for other children, but their children were not in that in that age group. But again, as you point out, its the response and the choice of what they did is very substantive, insignificant. Its not just something you would do if you didnt if you didnt believe in it. Thats the very clear implication here not theyre not protecting their kids by flying that flag upside down what theyre doing is expressing solidarity with one side of a very serious ongoing dispute about which the accountability of the former president is very much at stake. Thats not neutrality, thats not activity. Its tipping your hand. And Justice Alito tip his hand during the argument more than once, and obviously, just to state the obvious hear the Immunity Claim could be decided any day there was suddenly thought we might even have heard that this week and alito is sitting in the in in that he is making that decision now and he may be responsible for delaying it. After all, the protocol within the court is the different justices dissenting and alito is probably writing a dissent from a rejection of the extreme claim of absolute immunity that didnt seem to gain Practice Section with the court. If for justice is descending, you wait till the decide is done before announcing the case so by delaying this Immunity Decision. So long that a trial cant occur before the election the effect may be to give de facto immunity to the former president , who if he wins the election, will pick an Attorney General who will dismiss the case. So ultimate our ability is very much on the line. All right. Crucial points. So professor tribe, great to see you and thank you so much thank you, next mtg versus aoc are your mailings . Her words down . Oh, oh, girl, baby, girl . Really tonight Mtg Doubling Down plus disturbing video obtained by cnn shows Sean Diddy Combs violently assaulting in his exgirlfriend, throwing her to the ground kicking her, and dragging her all of it on tape and the speculation grows over whether trump will testify in the hush money Case Outfront uncovers video of trump telling Martha Stewart why she had to testify in her own defense. Will he take his own advice do you have to get up in the stand and she has to say, i didnt do it. Im innocent hey, there, brenda. Its carroll exactly so which like are we operating on arm its all connected, asking the right question can greatly impact your future. You share your an orthopedist. Actually, im a sagittarius specially when it comes to your finances, give a question. Are you a certified Financial Planner . Yes. 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