CNN
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The New York Times reported on Wednesday that the flag that was flown during the Jan. 6, 2021, attack on the U.S. Capitol was flown outside Supreme Court Justice Samuel Alito’s vacation home in New Jersey.
The Times, citing photos and interviews with neighbors, reported that an “Appeal to Heaven” flag had been flown on his property last summer. The flag, which dates back to the Revolutionary War, has also become a symbol for supporters of former President Donald Trump. The flag is white with a green evergreen tree and the words “Appeal to Heaven” across the top.
Justice Alito and the Supreme Court did not immediately respond to requests for comment.
This is the second revelation in two weeks about the controversial display outside Alito’s compound. Last week, the New York Times published a photo of an upside-down American flag being flown at Alito’s home in Virginia in 2021. Alito said it was his wife who displayed the upside-down American flag and that it was a response to an altercation with a neighbor.
The episode has sparked a backlash from critics, including Democrats and key Republican senators, who have called on the judge to recuse himself from cases involving Trump and the 2021 attack on the U.S. Capitol.
Similar to the upside-down American flag, the “Appeal to Heaven” flag, also known as the pine tree flag, was seen during the storming of the Capitol.
House Speaker Mike Johnson faced backlash last year for displaying the same flag outside his office before assuming his leadership post. As of Wednesday, the Heavenly Appeal flag remained outside his office.
“This is the George Washington flag. It goes back to the days of the Founding Fathers. I’ve flown that flag all my life,” Johnson told CNN on Wednesday.
“I have nothing to do with that,” Johnson said, referring to the “Stop the Steal” protests.
One reason Alitos’ flag choice is attracting attention is that several high-profile cases related to the election and subsequent storming of the U.S. Capitol are currently pending before the high court, including the big question of whether President Trump can claim immunity from federal election subversion charges.
The separate lawsuit concerns Jan. 6 defendants who are challenging obstruction charges brought by federal prosecutors for their roles in the attack.
This story has been updated with additional developments.
