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What ive had a great past, but anything Closing Arguments are on tuesday. We will see what the jury decides after the six weeks of evidence in this case that they have heard laid out. Thank you so much for joining us here on the source cnn news night starts right now. Once a mistake, twice something more ominous. Thats tonight on this good evening. Im abbyhillip in new york and tonight, the benefit of the doubt is shrinking for an associate Supreme Court justice of the United States, samuel alito, the New York Times. Now when covering four different photos taken on four different dates at the second house owned by the justice, Where A Second Insurrection Sympathizing Flag was hoisted yes, really, the photographs show an appeal to heaven flag that is outside of the Long Beach Island home. Several times between july and september of 2020, Google Street View even shows the flag how long do you think the flag would have had to been out there for google maps to capture it. Now, this appeal to have in flag, aka the pine tree flag, has a long history revolutionary war symbol, but it had basically disappeared from public view until someone who sympathized with trumps attempt to deny the 2020 Election Results decided to recast it as his own. Now, that sounds bad, right . If you heard that youd probably wonder how could that happen. Maybe he didnt put it there, but why would he allow someone else to you might think you deserve an explanation . Well, sorry, youre not getting one. Alito declined to respond to questions from the times and the discovery also makes a previous explanation about the inverted American Flag that his wife apparently decided to hoist a little bit more dubious the idea that something similar happened two years apart. It defies common sense that another neighbor and a Neighborhood Dispute could trigger another impulse to fly a flag tied to the attack on the capitol and attempt to tread on the constitution you be the judge joining me now, democratic congressman from tennessee steve cohen. He just introduced a resolution to censure Justice Alito and demand that he recused himself from all cases related to the 2020 election and the Capitol Insurrection Congressman thanks for being here. Alito, he declined to respond to the New York Times. Do you think that there is any acceptable answer that could justify why that flag was up and flying outside of his second home . There is no acceptable answer Supreme Court justices, like other members of the judiciary, should be beyond reproach. They should be like caesars wife, Beyond Reproach Senate Justice Alito has flaunted his disdain for the Election Laws in our country and for the peaceful transfer of power with the flag he flew of the United States flag upside down at his home in january of 2023. And now we see what hes done in the cation home that dog wont hunt, didnt put blame his wife is like saying, my dog ate my homework. Thats not going to work. That dog wont hunt. He should recuse himself from all cases dealing with the 2020 election and with President Trump and election interference. And theres no question he, he nor Clarence Thomas should participate in the Supreme Court on any decisions regarding trump with Clarence Thomas, his wife, ginni, involved in the coup attempt. They should not be able to participate because theyve got a prejudice and theyve shown their prejudice. They are not impartial our determiners of the law, and they should not allow it. And this is a time for Justice Roberts to show that he cares about the Supreme Court and its reputation. This is the rule of law and thats what the United States is known for. And its on Justice Roberts clock right now to take action and forced them not to participate. So youve got this resolution, but in the house which is now ill controlled by republicans, the House Speaker himself, mike johnson. Hes hung the same flag outside of his office. Its still there. A Spokes Person for johnson told the New York Times that johnson has long appreciated the rich history of the flag as it was first used by general George Washington during the revolutionary war i mean, it seems like this is going to be something that mike johnson is going to defend the Supreme Court justice on is there any reasonable nature to this flag that you would buy into that . The speaker says, there is historical aspect to it this flag was unknown to basic people for over 100 years and it just came back with one of the insurrectionist flying. It for somebody to say that theyve always appreciated the history, the flag, and they revere that flag. Theres an old saying you can on my leg but dont tell me its rain. And hes telling us its rain and its not rain. Do you think that given these facts, given the composition of the Supreme Court right now, the democrats should consider as some of said, that Supreme Court Justice Sonia sotomayor, who will soon be 70 years old, should step down so that President Biden can appoint another justice. Do you think that should be on the table . Well, its something it could be on the table, i think could be on the table. Two is expanding the Supreme Court. Its obvious these people who are appointed for life dont respect the oath of office they said to do all things by what they any prejudgment and to be fair arbitraries of law, theyre not doing it and Justice Roberts has it on his hands right now. The Supreme Court is as low tide for respect from the american public. And the worldwide. And were known worldwide for saying what what do you like most about america, the rule of law . In the johnson goes up to new york and says, this this case against trump is political. It shouldnt have been brought and its, and its no good. Well, thats not what the speaker of the house should be saying to the world. Russia television is playing that all the time. And therell be playing this to alito and all these comments, they should be defending america and the rule of law and not supported according insurrectionists and showing partiality before they rule and desecrating the Supreme Court, which theyve been a member of and really should resign. They wouldnt resign because theyre there for life and theyre going to put it in our faces. All right. Congressman steve cohen, appreciate you joining us tonight. Thank you thank you, abby, for more. I want to bring in my panel now, former Lieutenant Governor of new york, thats the mccoy, former senior White House Communications age. Mile simmons cohost of the serious trouble podcasts, josh barrow, and cnn political analyst Natasha Alford josh, do you think that theres any justification for what alito has done twice now, i mean, i think the combination of the two flags probably does indicate sympathy with at least the claims about the 2020 election having been stolen the maybe you could explain one on its own, but both together, i think thats a strong case. However its up to him whether or not to recuse himself from any case. I mean, the congressman says the Chief Justice should act. The Chief Justice cant make him recuse himself. Congress cant make him recuse himself. And the whole way our system is designed in terms of these Lifetime Appointments for the Supreme Court is intended exactly to shield the justices from consequences for their opinions. Now, theres been some scandals about finances and gifts and that sort of thing. And maybe there could be new laws around that. But this sort of thing, if congress is upset because of, because of how illegal feels about the 2020 election or Anything Else. Not only did they not have recourse, not really supposed to have recourse. Its a lifetime appointment, so i understand why this is upsetting to people. But theres there isnt really a remedy here. Yeah i mean, i think youre right that theres not a remedy. I think what people are upset about is that they think there should be. I do want to play play a little bit of what john bolton said earlier tonight about this flag and this issue 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 fluid that its now unacceptable to fly that flag. And id like to hear a Democratic Party politician say that expressly but Lieutenant Governor, hes kind of misrepresenting whats happening here. Its not that they just took the flag and our misrepresenting it. It literally was obscure and not used until somebody who is a january 6 instruction is sympathizer brought it back into the limelight, but the point is that having political opinions does not disqualify a justice. Look at Ruth Bader Ginsburg. She had very negative opinions about donald trump and voice them right . And yet she did not recuse herself and trump versus majors or trump versus vance, the two 20 20 cases in which the High Court Ruled against trump, both times. On the other hand, she was an ardent feminist and spoke before womens groups, womens Rights Groups often, but she did not recuse herself from United States versus virginia. In fact, she wrote the ruling opinion in that case, striking down virginias law that restricted access to Virginia Military Academy Institute just to men. So we have a recent example to show that having political opinions, even about and very Current Issues does not disqualify a judge. And we can contrary to what congressman cohen said just a minute ago, i was shocked when he said it that Supreme Court has demonstrated that it can be very fair and in deciding the law even to donald trump, had the court has already heard four cases involving donald trump and has ruled against trump in the first three of those four, the fourth, of course, they rolled unanimously in trumps favor because of the preposterous notion that he was disqualified by the 14th amendment. But in the fevers three cases, he lost and the and the justices that have been appointed by trump, alito wasnt of course, he was wondered by bush these justices are doing their best to decide what the law is, regardless of a political patients, one of the big distinctions here between ruth bader, ginsburg and what Justice Alito is dealing with is that in the case of the cases that are before the court now, that has to do with the very heart of the United States constitution, the peaceful transfer of power or an accountability for flouting that. Theyll take a look in 2020 regarding trump. They did two. In what way . Well, because in the female with the peaceful transfer of power, no, but they had to do with president ial power. Thats the same thing. Well, it is the same thing because in fact Ruth Bader Ginsburg had expressed as early as 2016 that she did not think donald trump should ever be president. She was very outspoken about it. And if we were to take issue game, if recusal and apply it to her she would have flunked. The fact is the left is trying to jigger and change the standard of recusal so what do you make of that argument that maybe Ruth Bader Ginsburg should have recused herself even if she should have. Does that mean that alito shouldnt have this case . I think january 6 is different. I think january 6 is strikes right at the heart of our democracy, whether or not we get to have a country where the People Choose their elected leaders. And we had people who tried to deny that from occurring less than something is stinky at the supreme and weve got chief Justice Roberts has got to figure out how he can i dont know if theres an investigation. I dont know if theres a way to get the justice has to sign on to one of these issues of ethics. I know you can he lost into this a minute ago, but the country needs to have confidence in its leadership. And right now, i think the Supreme Court was the last place we thought maybe these folks might be the ones that could arbitrate this. But it doesnt appear between thomas and alito that we can trust them. And if i may, i mean the the confidence in the supreme in court when you look at polls, its at historic lows, and its also very partisan, right . So more republicans believe or have faith that the Supreme Court is operating fairly than democrats do. So its not a promising time all right. And what we expect from people is neutrality, even if folks dont know the technicalities, even if there are other cases that you can point to. This is the last frontier. So what the American People are saying is that they dont have faith. The question and its things like this that add fuel to the fire. But the judge the justices are of course not neutral. I mean, its the fiction like that they, you know, they come in without preconceptions. The court is a political body which is why there is so much fighting about it in elections for congress, for the president. And when they make decisions on these important issues the, the, the, the preconceptions that they bring in are important. Thats why theres a difference between a liberal justice and a conservative. And i believe theyre human being in this moment. Were talking about democracy on the line, as jamal said january, you can say a lot of judgment important like if you could say that abortion, the abortion issue, because its such a fundamental right that you could, you could have raised the same standard. You can say this this issue is different than you need a different standard and you could go down the line with a lot of different things. The court does. I think thats not a viable way to say, well, this opinion they expressed was to explicit or something. I mean, were also seeing this all over and states Supreme Courts where you have liberal justices running explicit campaigns about, im going to interpret the State Constitution to enshrine a right to abortion i dont think theres anything wrong with that. You see knew about policy outcomes one thing arguing about the process that we arrive at those outcomes is completely different. And the thing that were supposed to all be bought into is that this process is one we can all trust hey, listen, i was on the grid cape and i remember what happened in 2000. Right. But at the end of the day, people said Supreme Court spoken the law of the land stands were all have to move on. All right. What i find vertical is to suggest that we should ask a Sonia Sotomayor to step down and replace her. Youre all saying in that you dont want political justices and yet youre suggesting just that mechanism. All right . Everyone standby for us. Weve got more Breaking News tonight. 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