AOC demands Senate Democrats investigate reports of Jan. 6 flags flown at Supreme Court Justice Alito's home

Rep. Alexandria Ocasio-Cortez, D-N.Y., demanded the Democrat-controlled Senate investigate reports that a flag associated with the Jan. 6, 2021, riot at the Capitol was flown at Supreme Court Justice Samuel Alito’s home. 

In an interview on MSNBC’s “All in with Chris Hayes” on Wednesday, Ocasio-Cortez described the reports as “an extraordinary breach of not just the trust and the stature of the Supreme Court, but we are seeing a fundamental challenge to our democracy.” She said that Congress did not have to wait to take action against Alito until Democrats had a majority in the House. 

“Samuel Alito has identified himself with the same people who raided the Capitol on Jan. 6, and is now going to be presiding over court cases that have deep implications over the participants of that rally,” the progressive “Squad” member said. “And while this is the threat to our democracy, Democrats have a responsibility for defending our democracy. And in the Senate, we have gavels.”

“There should be subpoenas going out. There should be active investigations that are happening,” Ocasio-Cortez said. “And I believe that when House Democrats take the majority, we are preparing and ensuring to support the broader effort to stand up our democracy. But I also believe that when Democrats have power, we have to use it. We cannot be in perpetual campaign mode. We need to be in governance mode, we need to be in accountability mode with every lever that we have. Because we cannot take a Senate majority for granted, a House majority for granted or a White House for granted.” 

The New York Times reported on Wednesday that a second flag of a type carried by rioters during the riot at the U.S. Capitol on Jan. 6, 2021, was displayed outside a house owned by Alito. 


An “Appeal to Heaven” flag was flown outside Alito’s beach vacation home last summer. An inverted American flag — another symbol carried by rioters — was seen at Alito’s home outside Washington less than two weeks after the riot at the Capitol. 

News of the upside-down American flag sparked an uproar last week, including calls from high-ranking Democrats for Alito to recuse himself from cases related to former President Trump.

Alito and the court have not commented on the “Appeal to Heaven” flag. Alito previously said the inverted American flag was flown by his wife amid a dispute with neighbors, and he had no part in it.

The white flag with a green pine tree was seen flying at the Alito beach home in New Jersey, according to three photographs obtained by the Times. The images were taken on different dates in July and September 2023, though it was not clear how long it was flying overall or how much time Alito spent there.

The flag dates back to the Revolutionary War, but in more recent years it has become associated with conservatives, Christian nationalism and support for Trump, according to the Times.

It was carried by some rioters fueled by Trump’s “Stop the Steal” movement. 


Republicans in Congress and state officials have also displayed the flag. House Speaker Mike Johnson, hung it at his office last fall shortly after winning the gavel. A spokesman said the speaker appreciates its rich history and was given the flag by a pastor who served as a guest chaplain for the House, according to the Associated Press. 

Alito is taking part in two pending Supreme Court cases associated with Jan. 6: whether Trump has immunity from prosecution for his efforts to overturn the 2020 election results and whether a certain obstruction charge can be used against rioters. He also participated in the court’s unanimous ruling that states cannot bar Trump from the ballot using the “insurrection clause” that was added to the Constitution after the Civil War.

There has been no indication that Alito would step aside from the cases. 

Another conservative on the Supreme Court, Justice Clarence Thomas, also has ignored calls to recuse himself from cases related to the 2020 election because of his wife Virginia Thomas’ support for efforts to overturn the 2020 election results.

Judicial ethics codes focus on the need for judges to be independent, avoiding political statements or opinions on matters they could be called on to decide. The Supreme Court had long gone without its own code of ethics, but it adopted one in November 2023 in the face of sustained criticism over undisclosed trips and gifts from wealthy benefactors to some justices. The code, however, lacks a means of enforcement.

The Associated Press contributed to this report. 

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