Insisting that he had nothing to do with it, telling the New York Times quote, it was briefly placed by mrs. Alito in response to a neighbors use of objectionable and personally insulting language on yard 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, alito should recuse himself from any cases related to the 2020 election. Obviously that means the Immunity Case and the jack smith this case, Durbin Rights in a statement, flying an upsidedown 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 a 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 whos a partisan Political Organization or candidate this includes displaying signs or 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 that 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 riot 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 her efforts to try it overturn the election, including Text Messages that she sent to mark meadows, trumps chief of staff. One said, help this 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 filled deeper and deeper and controversy yeah. I mean, you got it, aaron, there are multiple ethics questions facing this court. All 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 bag on the courts so far well, its been quite an adventure as you can well imagine, marthaann 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 loved her emotional 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 the 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 of 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 its just the latest Supreme Court 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 electors scheme, and the man who my shirt, 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. Just its this thomas and Justice Alito, reliable conservatives on the court have also indicated they could be leaning toward trump and hundreds of Capitol Rioters and cases. This term, there have been many violent protests that have interfered with proceedings as a government applied this provision two other protests in the past, the president may be criminally prosecuted by a bitter political opponent. Will that not lead us into a cycle that destabilizes . The functioning of our country is a democracy now it should be noted that Justice Thomas did recuse him 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 de now, and aaron, that decision well 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, jessica, 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 Justice 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, the symbol of the claim thats 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 he said, you cannot expect to ride with the cups if you cheer for the rubbers. This case, Justice Alito expects to preside over a decision about whether there wasnt 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 since 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 any skin in the game theres no distance here between mr. And mrs. Alito. Its clear that whatever offensive sign was involved that dispute between neighbors trivializes whats involved here, and its certainly didnt affect the alito kids to have the neighbor put an fu sign, right . I didnt state the obvious there 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 theyre not protecting their cheers 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 objectivity. 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 some 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 for justice is descending. You wait till the descent is done before announcing the case. By delaying this Immunity Decision, so long that a trial camp 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, our next mtg versus aoc are your mailings her words down . Oh oh, girl, baby, girl. 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