A flag that was on display during the January 6, 2021, attack on the US Capitol was flown outside Supreme Court Justice Samuel Alito’s vacation home in New Jersey, according to a report in the New York Times on Wednesday.
Citing photographs and interviews with neighbors, the Times reports that the “Appeal to Heaven” flag was seen on display at his property last summer. The flag, which has a history dating to the Revolutionary War, has also become a symbol for supporters of former President Donald Trump. The flag is white and includes a green evergreen tree and the words “An Appeal to Heaven” at the top.
Alito and the Supreme Court did not immediately respond to a request for comment.
It’s the second revelation in as many weeks about a controversial display outside Alito’s property. The New York Times last week published a photograph of an inverted American flag raised at Alito’s home in Virginia in 2021. Alito said the upside-down US flag was raised by his wife and was a response to a spat with neighbors.
The episode has drawn fire from critics, including Democrats and key GOP senators, who have called on the justice to recuse himself from cases involving Trump and the 2021 attack on the Capitol.
Like the inverted US flag, the Appeal to Heaven flag – also known as the Pine Tree flag – was seen during the attack on the Capitol.
House Speaker Mike Johnson faced blowback for displaying the same flag outside his office last year before assuming the leadership post. The Appeal to Heaven flag remains outside his office as of Wednesday.
Johnson told CNN on Wednesday that “it’s George Washington’s flag. It goes back to the founder’s era. I’ve always flown that flag.”
“It has nothing to do with that,” Johnson said, referring to “stop the steal” protests.
The Alitos’ choice of flags are gaining attention in part because several high-profile cases are currently pending before the high court involving the election and subsequent attack on the US Capitol, including the blockbuster question of whether Trump may claim immunity from federal election subversion charges.
Another case deals with a January 6 defendant who is challenging an obstruction charge filed by federal prosecutors for his role in the attack.
This story has been updated with additional developments.
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