Politics
The 'Appeal to Heaven' flag involved in Alito controversy evolved from Revolutionary War symbol to banner of the far right
U.S. Supreme Court Justice Samuel Alito is embroiled in a second flag controversy in as many weeks, this time over a banner that in recent years has come to symbolize sympathies with the Christian nationalist movement and the false claim that the 2020 presidential election was stolen.
An “Appeal to Heaven” flag was flown last summer outside Alito’s beach vacation home in New Jersey, according to the New York Times, which obtained several images showing it on different dates in July and September 2023. The Times previously reported that an upside down American flag — a sign of distress — had flown outside Alito’s Alexandria, Va., home less than two weeks after the violent Jan. 6, 2021, attack on the U.S. Capitol by supporters of former President Trump.
Some of the rioters carried the inverted American flag or the “Appeal to Heaven” flag, which shows a green pine tree on a white field. The revelations have escalated concerns over Alito’s impartiality and his ability to objectively decide cases currently before the court that relate to the Jan. 6 attackers and Trump’s attempts to overturn the results of the 2020 election. Alito has not commented on the flag at his summer home.
Here is the history and symbolism of the “Appeal to Heaven” flag.
What are its origins?
Ted Kaye, secretary for the North American Vexillological Assn., which studies flags and their meaning, said the “Appeal to Heaven” banner dates to the Revolutionary War. Six schooners outfitted by George Washington to intercept British vessels at sea flew the flag in 1775 as they sailed under his command. It was the maritime flag of Massachusetts from 1776 to 1971, he said.
According to Americanflags.com, the pine tree on the flag symbolized strength and resilience in the New England colonies while the words “Appeal to Heaven” stemmed from the belief that God would deliver the colonists from tyranny.
How has its symbolism changed?
There are a few reasons people fly “Appeal to Heaven” flags today, said Jared Holt, a senior analyst at the Institute for Strategic Dialogue, a London-based think tank that tracks online hate, disinformation and extremism.
Some identify with a “patriot” movement that obsesses over the Founding Fathers and the American Revolution, he said. Others adhere to a Christian nationalist worldview that seeks to elevate Christianity in public life.
“It’s not abundantly clear which of those reasons would be accurate” in this situation, Holt said. But he called the display outside Alito’s home “alarming,” saying those who do fly the flag are often advocating for “more intolerant and restrictive forms of government aligned with a specific religious philosophy.”
The “Appeal to Heaven” flag was among several banners carried by Jan. 6 rioters, who also favored the Confederate flag and the yellow Gadsden flag, with its rattlesnake and “Don’t Tread on Me” message, said Bradley Onishi, author of “Preparing for War: The Extremist History of White Christian Nationalism.”
“That’s the family,” he said.
What about Mike Johnson?
House Speaker Mike Johnson displays the flag in the hallway outside his office next to the flag of his home state, Louisiana.
Johnson, a Republican, told the Associated Press he did not know the flag had come to represent the “Stop the Steal” movement.
“Never heard that before,” he said.
The speaker, who led one of Trump’s legal challenges to the 2020 election, defended the flag and its continued use despite the modern-day symbolism around it.
“I have always used that flag for as long as I can remember, because I was so enamored with the fact that Washington used it,” Johnson said. “The Appeal to Heaven flag is a critical, important part of American history. It’s something that I’ve always revered since I’ve been a young man.”
He added: “People misuse our symbols all the time. It doesn’t mean we don’t use the symbols anymore.”
Johnson said he had never flown the U.S. flag upside down in distress, as Alito did, and he declined to assess the justice’s situation and whether raising the flags at his home was appropriate.
But he called the criticism of the “Appeal to Heaven” flag “contrived.”
“It’s nonsense,” he said. “It’s part of our history. We don’t remove statues and we don’t cover up things that are so essential to who we are as a country.”
Should Alito recuse?
The House Democratic whip, Rep. Katherine Clark of Massachusetts, said in a statement that the display of the “Appeal to Heaven” flag at an Alito home was “not just another example of extremism that has overtaken conservatism. This is a threat to the rule of law and a serious breach of ethics, integrity and Justice Alito’s oath of office.”
She called for Alito to recuse himself from any cases related to Jan. 6 and the former president.
There’s a clear difference between the House speaker displaying the flag outside his office and a Supreme Court justice flying it and the upside down American flag outside his homes as the court is deciding cases involving issues those flags have come to symbolize, said Alicia Bannon, director of the Judiciary Program at the Brennan Center for Justice at New York University. Alito’s actions don’t “just cross the line,” she said. “They take you out of the stadium and out of the parking lot.”
Alito and the court declined to respond to requests for comment on how the “Appeal to Heaven” flag came to be flying and what it was intended to express. Alito has said the upside down American flag was briefly flown by his wife during a dispute with neighbors and that he had no part in it.
Another blow to the court’s reputation?
The Supreme Court already was under fire as it considers unprecedented cases against Trump and some of those charged for the attack on the Capitol.
An issue is that the high court does not have to adhere to the same ethics codes that guide other federal judges. 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, including Alito. The code lacks a means of enforcement, however.
The federal code of judicial ethics does not universally prohibit judges from involvement in nonpartisan or religious activity off the bench. But it does say that a judge “should not participate in extrajudicial activities that detract from the dignity of the judge’s office, interfere with the performance of the judge’s official duties” or “reflect adversely on the judge’s impartiality.”
Jeremy Fogel, executive director of the Berkeley Judicial Institute at the UC Berkeley Law School, said the flag revelations lead to questions about whether Alito can be impartial in any case related to Jan. 6 or Trump.
“Displaying those particular flags creates the appearance at least that the justice is signifying agreement with those viewpoints at a time when there are cases before the court where those viewpoints are relevant,” he said.
A March AP/NORC poll found that only about one-quarter of Americans think the Supreme Court is doing a somewhat or very good job upholding democratic values. About 45% think it’s doing a somewhat or very bad job.
Fields, Mascaro and Amiri write for the Associated Press. AP writer Ali Swenson in New York contributed to this report.
Politics
EXCLUSIVE: ICE says El Paso detention facility will stay open under new contractor after $1.2B deal scrapped
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EXCLUSIVE: Immigration and Customs Enforcement (ICE) said Camp East Montana in El Paso, Texas will remain open and is undergoing an operational upgrade, Fox News Digital has learned.
“Camp East Montana is NOT closing, quite the opposite,” an ICE spokesperson exclusively told Fox News Digital Tuesday.
“Rather, ICE has contracted with a new provider following Secretary Noem’s termination of the old contract inherited from the Department of War. ICE is always looking at ways to improve our detention facilities to ensure we are providing the best care to illegal aliens in our custody.”
Camp East Montana is photographed Friday, March 6, 2026, in El Paso, Texas. (Omar Ornelas/El Paso Times / USA TODAY NETWORK via Imagn Images)
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The spokesperson said the new contract will allow the facility to maintain what the agency described as the “highest detention standards” while expanding oversight.
According to ICE, the new contractor will also provide increased on-site medical care, additional staffing and a “PRECISE quality assurance surveillance plan.”
The agency said the updated agreement also strengthens ICE’s direct oversight of operations at the El Paso-area facility.
“Far from closing, Camp East Montana is upgrading,” the spokesperson said.
El Paso immigration facility faces scrutiny but ICE says Camp East Montana is upgrading, not closing, after the $1.2 billion contract termination. (Omar Ornelas/El Paso Times / USA TODAY NETWORK via Imagn Images)
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The news that the facility will remain open comes after The Washington Post reported that the facility could face closure amid scrutiny over operations.
A document was distributed to ICE staff, the Post reports, indicated that the agency was drafting a letter to terminate the facility’s $1.2 billion contract at an unspecified date.
ICE officials, however, characterized the contract termination as a deliberate effort by Noem to raise standards and improve services.
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Camp East Montana is photographed Friday, March 6, 2026, in El Paso, Texas, as a bus enters the detention center. (Omar Ornelas/El Paso Times / USA TODAY NETWORK via Imagn Images)
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The facility, located at Fort Bliss in Texas, has been used to house thousands of detainees as part of the Trump administration’s immigration enforcement efforts.
ICE did not immediately provide details on the identity of the new contractor or the timeline for full implementation.
WASHINGTON — Russia is emerging as one of the few early economic beneficiaries of the war with Iran, as disruptions to energy infrastructure drive up demand for Russian exports and the world casts its gaze to the Middle East and away from Moscow’s war in Ukraine.
The U.S. and its European counterparts slapped severe sanctions on Russia in March 2022, barely a month into Russian President Vladimir Putin’s full-scale invasion of Ukraine. The effect was a stranglehold on Russia’s exports, depriving Putin’s war effort of at least $500 billion, experts say. But over the last week, as President Trump’s war in the Middle East choked energy markets worldwide, the White House began easing its restrictions on Moscow.
“It is traitorous conduct for you to help Russia,” California Rep. Ted Lieu (D-Torrance) said on X, demanding the Trump administration reverse course. “Russia is giving intelligence info to Iran that helps Iran target American forces.”
Crude droplets rained over Tehran after Israeli airstrikes decimated oil depots, draping the Iranian capital in a dense smog. Iranian counterattacks have also targeted refineries and oil fields in Saudi Arabia and Bahrain. Crude oil prices have surged, and traffic through the Strait of Hormuz has all but ceased, sending energy importers in search of alternate sources.
Those spikes are giving Russia, one of the world’s largest oil and gas exporters, a rare advantage. After spending a decade as the world’s most sanctioned nation over his aggression in Ukraine, Putin is finally starting to regain some leverage in global markets.
“In the current economic situation, if we refocus now on those markets that need increased supplies, we can gain a foothold there,” Putin said at a meeting at the Kremlin on Monday, according to Russian state media. “It’s important for Russian energy companies to take advantage of the current situation.”
On March 4, the Treasury Department issued a temporary 30-day waiver allowing Indian refiners to purchase Russian oil. The appeal by the Trump administration was described as a way to ease demand for Mideast oil, but was criticized as a reversal of sanctions placed against Putin meant to deny him the capital needed to fund his occupation of eastern Ukraine.
Now, Moscow is poised to press that advantage further, after Trump said Monday he will further lift sanctions on oil-producing countries to ease the trade friction and reintroduce additional oil and gas supplies. The only countries with U.S. oil sanctions are Russia, Iran and Venezuela.
“So, we have sanctions on some countries. We’re going to take those sanctions off until this straightens out,” Trump said at a news conference at his golf club in Doral, Fla. “Then, who knows, maybe we won’t have to put them on — they’ll be so much peace.”
The surprise concession to Moscow comes as reports suggest Russia is assisting Iran in targeting U.S. personnel.
Trump’s announcement followed an unscheduled hourlong call with Putin about the situation in the Middle East.
The war has also set the stage for Russia to make gains in Ukraine, as hostilities draw the global spotlight away from Kyiv and its struggle to hold back the bigger Russian army. U.S.-brokered talks between the two adversaries have been sidelined as Washington shifts focus to its war in Iran.
“At the moment, the partners’ priority and all attention are focused on the situation around Iran,” Ukrainian President Volodymyr Zelensky said on X. “We see that the Russians are now trying to manipulate the situation in the Middle East and the Gulf region to the benefit of their aggression.”
Putin is unlikely to intervene militarily on Iran’s behalf, according to Robert English, an international foreign policy expert at USC. Instead, Putin is expected to play his position carefully, reap the economic rewards, and keep focused firmly on Ukraine at a time when key air defense systems are diverted from Ukraine to the Persian Gulf.
“Russia is winning the Iran-U.S.-Israel war, at least so far. Oil and natural gas prices have soared, filling Putin’s Ukraine war chest,” he said. “Russia is gathering forces for a big spring offensive in Eastern Ukraine, and it’s not even front-page news.”
Ukraine has dispatched drone interceptors and ordered its anti-drone experts to pivot from their war with Russia to help Western allies help intercept Iranian attacks. Zelensky’s allegiance may not pay off, English said.
“When will Ukraine see the benefits of helping the U.S. with anti-drone technology? No time soon, apparently,” he said.
Even several weeks of interruption in Gulf energy supplies could bring the largest windfall to Russia, the Associated Press reported, citing energy analysts.
The economic turmoil caused by the war has exposed vulnerabilities in Europe’s energy system, particularly its lingering dependence on Russian fuel.
Despite sanctions, the European Union remains a major purchaser of Russian natural gas and crude oil. Russian gas accounted for approximately 19% of E.U. gas imports in 2025. Allied Europeans have agreed to completely stop importing Russian liquefied natural gas, oil and pipeline gas by late 2027.
Putin expressed no desire Monday to rescue the European market now that U.S.-Israeli escalations and Iranian retaliation have choked oil production and shipping. The Russian president instead proposed to divert volumes away from the European market “to more promising areas” like the Asia-Pacific region, Slovakia and Hungary, which he said were “reliable counterparties.”
European leaders have been criticized for being “stunned, sidelined, and disunited” since hostilities began in late February. Excluded from the initial military planning by the U.S. and Israel, Europe entered the conflict with gas storage at only 30% capacity, the lowest levels in years. Instead of bold action, English said, European leaders have quarreled over internal divisions and rivalries.
“Sky-high energy prices are the underlying cause of many of these frictions, as Europe struggles now more than ever to find affordable alternatives to the cheap Russian petroleum,” English said.
Antonio Costa, president of the European Council, told European leaders in Brussels on Tuesday that rising energy prices and the world’s shifting attention risk strengthening the Kremlin at a critical moment in the war in Ukraine.
“So far, there is only one winner in this war,” Costa said. “Russia.”
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President Donald Trump is taking his feud with Rep. Thomas Massie, R-Ky., to the libertarian lawmaker’s home turf on Wednesday.
Trump is expected to hold an event in Hebron, Kentucky, on Wednesday, the Republican Party of Kentucky announced on social media Monday. It’s located in the northern part of the state’s 4th Congressional District, which Massie represents.
Massie’s primary rival, Ed Gallrein, will attend the Hebron event, his campaign confirmed to Fox News Digital on Tuesday, while deferring all other questions on the matter to the White House.
Massie himself will miss the event due to a previously scheduled official engagement, his spokesperson told Fox News Digital.
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President Donald Trump will be visiting Rep. Thomas Massie’s congressional district on Wednesday. (Win McNamee/Getty Images; Nathan Posner/Anadolu via Getty Images)
When asked about the visit, White House spokeswoman Liz Huston told Fox News Digital, “President Trump will visit the great states of Ohio and Kentucky on Wednesday to tout his economic victories and detail his Administration’s aggressive, ongoing efforts to lower prices and make America more affordable.”
The president has thrown his considerable influence behind Gallrein to unseat Massie after the GOP lawmaker publicly defied Trump on multiple occasions.
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Massie most recently was one of two House Republicans to vote to stop Trump’s joint operation in Iran with Israel, though the legislation was successfully blocked by the majority of GOP lawmakers and a handful of Democrats.
Ed Gallrein, left, seen with President Donald Trump in the Oval Office at the White House. (Ed Gallrein congressional campaign)
He was also one of two Republicans to vote against Trump’s “big, beautiful bill” last year.
Trump in turn has hurled a slew of personal attacks against Massie, including calling him “weak and pathetic” in a statement endorsing Gallrein in October.
“He only votes against the Republican Party, making life very easy for the Radical Left. Unlike ‘lightweight’ Massie, a totally ineffective LOSER who has failed us so badly, CAPTAIN ED GALLREIN IS A WINNER WHO WILL NOT LET YOU DOWN,” Trump posted on Truth Social at the time, one of numerous criticisms targeting the Kentucky Republican through the years.
He called Massie the “worst Republican congressman” in July amid Massie’s bipartisan push to force the Department of Justice (DOJ) to release its files on Jeffrey Epstein.
Then-Rep. Marjorie Taylor Greene, a Republican from Georgia, Rep. Thomas Massie, a Republican from Kentucky, and Rep. Ro Khanna, a Democrat from California, during a news conference outside the U.S. Capitol in Washington, D.C., on Tuesday, Nov. 18, 2025. (Graeme Sloan/Bloomberg via Getty Images)
But Massie has so far appeared to defy political gravity despite making political enemies out of both Trump and House GOP leaders.
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He handily defeated multiple primary challengers in 2024 and 2022, despite public feuds with Trump, and has served his district since 2012.
Gallrein is a retired Navy SEAL and farmer who launched his campaign days after Trump made his endorsement. Their primary election day is May 19.
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