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Upside-down flag controversy is the latest for Supreme Court Justice Alito

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Upside-down flag controversy is the latest for Supreme Court Justice Alito

Justice Samuel A. Alito Jr., the Supreme Court’s most predictable conservative of late, is again battling complaints that some of his actions demand that he recuse himself from pending cases.

Alito has responded that he is a victim of unjust criticism.

Here’s a look at some of the recent controversies.

What is the upside-down flag incident about?

Last week, the New York Times published a photo showing an American flag flying upside down in front of Alito’s house on Jan. 17, 2021.

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Neighbors reported seeing the flag flying for several days after supporters of outgoing President Trump had rioted at the U.S. Capitol.

For some, the upside-down flag became a symbol of the “Stop the Steal” movement.

How did Alito respond to complaints about the flag incident?

He blamed his wife, Martha-Ann, and his neighbors.

“I had no involvement whatsoever in the flying of the flag,” he told the New York Times in an email.

Speaking to a Fox News reporter, he said a neighbor had made vulgar comments to his wife.

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Alito suggested it was unfair to criticize him for the upside-down flag because it was his wife’s idea and she had been provoked by neighbors.

He did not explain whether he was troubled by this display of the flag or why he did not insist immediately that it must come down.

Some liberal groups have demanded that Alito recuse himself from proceedings involving Trump. But there is no hint Alito will step aside from deciding the pending case on whether Trump can be prosecuted for “official acts” he took as president.

Are these the first calls for Alito to recuse himself?

No. Last year, Alito gave an interview to the Wall Street Journal complaining about the treatment of Supreme Court justices.

“We’re being hammered daily. And nobody, practically nobody is defending us,” he told two opinion page writers of the Wall Street Journal, which regularly defends Alito and the conservative court. “We are being bombarded. … This type of concerted attack on the court and individual justices” is “new during my lifetime.”

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One of the writers, Washington attorney David B. Rivkin, had helped write an appeal petition asking the court to take up a major tax case and rule the Constitution forbids levies on undistributed corporate profits.

Two months later, when the court voted to hear the case, Senate Democrats and progressive groups called for Alito to step aside from ruling on the matter.

The justice fired off a sharp rejoinder. There is “no valid reason for my recusal in this case. When Mr. Rivkin participated in the interviews and co-authored the articles, he did so as a journalist, not an advocate. The case in which he is involved was never mentioned.”

The court is due to issue a decision in that case, Moore vs. United States, in the next few weeks.

How did Alito respond to complaints that some justices failed to disclose free trips?

Alito was upset last summer when he learned ProPublica was about to publish a story on a free fishing trip he took to Alaska in a private jet owned by hedge fund billionaire Paul Singer.

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The nonprofit investigative group had earlier revealed that Justice Clarence Thomas had regularly taken free and undisclosed vacations with Texas billionaire Harlan Crow.

Like Thomas, Alito did not mention the luxury trip in 2008 as a gift on the required judicial disclosure report.

When ProPublica sent him several questions about the upcoming story, Alito refused to comment through a court spokeswoman and then sought to debunk the “false charges” in the Journal before the story could appear.

What he described as false charges involved whether he knew or should have known that Singer’s hedge fund was involved in appeals before the high court.

Singer’s hedge fund, NML Capital, had pursued an aggressive strategy of buying Argentina’s bonds at a discount when the country defaulted in 2001 and then fought in the U.S. courts to be paid in full. This 14-year battle between what the Argentines called the “vultures” and Singer’s hedge fund was featured often in the legal and financial press, including the Wall Street Journal.

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Singer is a major Republican donor and gave Alito glowing introductions when he spoke to the Federalist Society and the Manhattan Institute.

ProPublica said Singer’s hedge fund was involved in 10 appeals that came before the court. In 2014, the justices agreed to decide a key issue and ruled 7 to 1 in favor of Singer’s hedge fund with Alito in the majority. Singer’s hedge fund was ultimately paid $2.4 billion for its bonds.

Writing in the Journal, Alito said he had no duty to recuse himself from ruling in the case because “I was not aware and had no good reason to be aware that Mr. Singer had an interest” in the cases involving Argentine bonds. When the court agreed to decide the case of “Republic of Argentina vs. NML Capital, Ltd., No. 12-842, Mr. Singer’s name did not appear” in the legal briefs, he said.

Yes, “he introduced me before I gave a speech — as have dozens of other people. … On no occasion have we discussed the activities of his businesses, and we have never talked about any case or issue before the Court,” Alito wrote.

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Video: Bondi Vows to Keep Politics Out of Justice Department if Confirmed

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Video: Bondi Vows to Keep Politics Out of Justice Department if Confirmed

“It will be my job, if confirmed as attorney general, to make those decisions. Politics will not play a part. I’ve demonstrated that my entire career as a prosecutor.” “You joined Mr. Trump in working to overturn the 2020 election. You’ve repeatedly described investigations and prosecutions of Mr. Trump as witch hunts, and you have echoed his calls for investigating and prosecuting his political opponents. This flies in the face of evidence. These are the kinds of anti-democratic efforts that in the past you have defended. And it’s critical that we understand whether you remain supportive of Mr. Trump’s actions.” “What would you do if your career, D.O.J. prosecutors, came to you with a case to prosecute — grounded in the facts and law — but the White House directs you to drop the case?” “Senator, if I thought that would happen, I would not be sitting here today.” “But let’s imagine that once again President-elect Trump issues a directive or order to you or to the F.B.I. director that is outside the boundaries of ethics or law. What will you do?” “Senator, I will never speak on a hypothetical, especially one saying that the president would do something illegal.” “Weaponization of the Justice Department may well occur under your tenure, and we want to make sure that that’s not the case, that you remain independent, that you remain able to and willing to tell the president no when that’s necessary to protect the Constitution and the integrity of the Department.” “I think that is the whole problem with the weaponization that we have seen the last four years and what’s been happening to Donald Trump. They targeted his campaign. They have launched countless investigations against him. That will not be the case. If I am attorney general, I will not politicize that office. I will not target people simply because of their political affiliation. Justice will be administered even handedly throughout this country.” “Who won the 2020 presidential election?” “Joe Biden is the president of the United States.” “Ms. Bondi did you know that there is a difference between acknowledging it? And I can say that Donald Trump won the 2024 election. I may not like it, but I can say it.” “As the Florida attorney general, Ms. Bondi achieved numerous successes. She engaged in key initiatives to fight human trafficking, countered the opioid epidemic and protect consumers and protect the citizens of Florida from violence.” “Will you do everything within your power as attorney general to enforce the laws on the books, including the president’s executive orders, and help do everything you can in the Department of Justice to restore security to our southern border?” “Yes, senator. Absolutely.”

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'Lying to the nation': Trump orbit slams Biden for taking credit for ceasefire deal

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'Lying to the nation': Trump orbit slams Biden for taking credit for ceasefire deal

President Biden is ending his tenure in the White House on a “sad” note after “lying to the nation” and taking credit for a cease-fire deal between Israel and Hamas during his farewell address on Wednesday evening, a Trump transition official said. 

“Joe Biden is going out sad. Lying to the nation trying to take credit for a deal that all parties credit President Trump for making happen. Biden has had well over a year to secure the release of these hostages and peace. He failed. Trump succeeded,” a Trump transition official told Fox News Digital on Wednesday evening. 

War has raged in the Middle East since October of 2023, with Israel and Hamas coming to a ceasefire agreement on Wednesday that also ensured the release of hostages. 

Biden delivered his final address to the nation on Wednesday evening, where he took a victory lap for the cease fire in his opening remarks. 

BIDEN TAKES SOLE CREDIT FOR ISRAEL-HAMAS DEAL, WARNS OF ‘OLIGARCHY’ THREATENING DEMOCRACY IN FAREWELL SPEECH

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Left: President Joe Biden delivers remarks on the latest developments in Syria from the Roosevelt Room of the White House on Dec. 8, 2024 in Washington, D.C.; Right: President-Elect Donald Trump reacts during his meeting with Prince William, Prince of Wales at the Embassy of the United Kingdom’s Residence on December 7, 2024 in Paris, France. (Left: Pete Marovich/Getty Images; Right: Oleg Nikishin/Getty Images)

“My fellow Americans, I’m speaking to you tonight from the Oval Office. Before I begin, let me speak to important news from earlier today. After eight months of nonstop negotiation, my administration – by my administration – a cease-fire and hostage deal has been reached by Israel and Hamas. The elements of which I laid out in great detail in May of this year,” Biden said. 

President Joe Biden speaks from the Oval Office of the White House as he gives his farewell address Wednesday, Jan. 15, 2025, in Washington. 

President Joe Biden speaks from the Oval Office of the White House as he gives his farewell address Wednesday, Jan. 15, 2025, in Washington.  (Mandel Ngan/Pool via AP)

“This plan was developed and negotiated by my team, and will be largely implemented by the incoming administration. That’s why I told my team to keep the incoming administration fully informed, because that’s how it should be, working together as Americans,” he continued. 

PRESIDENT BIDEN RELEASES FAREWELL LETTER, SAYS IT’S BEEN ‘PRIVILEGE OF MY LIFE TO SERVE THIS NATION’

Donald Trump shakes hands with Israeli Prime Minister Benjamin Netanyahu

Former US President Donald Trump (L) shakes hands with Israeli Prime Minister Benjamin Netanyahu (R) as they pose for a photo during their meeting at Mar-a-Lago estate, in Palm Beach, Florida, United States on July 26, 2024.  (Amos Ben-Gershom (GPO) / Handout/Anadolu via Getty Images)

Credit for reaching the agreement, however, was bolstered by the incoming Trump administration, according to sources who told Fox Digital that a recent meeting between Trump’s incoming Middle East envoy Steve Witkoff and Israeli Prime Minister Benjamin Netanyahu reportedly played a pivotal role in the deal. 

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FOX NEWS GETS AN INSIDE LOOK AT IDF’S WAR AGAINST HAMAS

Netanyahu also thanked Trump on Wednesday for “his assistance in advancing the release of the hostages.”

“Prime Minister Benjamin Netanyahu spoke this evening with US President-elect Donald Trump and thanked him for his assistance in advancing the release of the hostages and for helping Israel bring an end to the suffering of dozens of hostages and their families,” the official Prime Minister of Israel X account posted. 

Israel's Iron Dome anti-missile system intercepts rockets

Israel’s Iron Dome anti-missile system intercepts rockets, as seen from Ashkelon, Israel, October 1, 2024. (REUTERS/Amir Cohen)

“The Prime Minister made it clear that he is committed to returning all of the hostages however he can, and commended the US President-elect for his remarks that the US would work with Israel to ensure that Gaza will never be a haven for terrorism.”

The X account added later: “Prime Minister Netanyahu then spoke with US President Joe Biden and thanked him as well for his assistance in advancing the hostages deal.” 

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ISRAEL-HAMAS CEASE-FIRE, HOSTAGE RELEASE DEAL REACHED: ‘AMERICANS WILL BE PART OF THAT’

When asked who the history books would remember for championing the ceasefire deal earlier Wednesday, Biden balked at the suggestion Trump and his team spearheaded the effort. 

“Who in the history books gets credit for this, Mr. President, you or Trump?” Fox News’ Jacqui Heinrich asked Biden at Wednesday afternoon’s White House news conference.

“Is that a joke?” the president responded.

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“Oh. Thank you,” Biden responded when Heinrich said it was not a joke, and then walked away.

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Sen. Marco Rubio appears set to win confirmation as secretary of State

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Sen. Marco Rubio appears set to win confirmation as secretary of State

Once a bitter critic of President-elect Donald Trump, Republican Sen. Marco Rubio of Florida headed into his first Senate hearing Wednesday as nominee for secretary of State.

Rubio, with extensive experience on Capitol Hill and in foreign policy circles, appears to be the least controversial in Trump’s list of Cabinet picks, many of whom lack the credentials or background usually associated with their nominated jobs.

A foreign policy hawk — especially on China — Rubio, the son of Cuban immigrants, seemed likely to win easy bipartisan approval. On Wednesday, he faced the Senate Foreign Relations Committee on which he has served for 14 years.

If confirmed as expected, Rubio will be the first Latino to serve as America’s top diplomat.

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In the past, Rubio largely hewed to long-standing Republican views on a multi-lateral approach to the world, embracing allies and united action. On Wednesday, he echoed Trump’s “America first” philosophy.

His State Department, Rubio testified, will be guided by a singular objective “to promote peace abroad, and security and prosperity here at home.”

“Placing our core national interests above all else is not isolationism,” Rubio said. “The postwar global order is not just obsolete; it is now a weapon being used against us.”

China, he said, is the “most potent” enemy the United States has ever faced, its “near peer” on many fronts, including technology, economy and diplomatic muscle.

“We’ve allowed them to get away with things …. and now we are dealing with the ramifications of that,” he said, advocating the U.S. must fortify its own industrial and supply chain capabilities to prevent “total dependence … from our security to our health” on the communist-led nation.

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Rubio, who recently voted against an aid package for Ukraine, echoed Trump in saying Kyiv’s war with Russia had to come to an end. “There will have to be concessions made” by both Russia and Ukraine, he said. Many observers worry that Trump’s affinity for Russian President Vladimir Putin will lead to him demanding more sacrifice from Ukraine in any peace negotiation.

The hearing was interrupted by protesters; Rubio quipped that at least he gets bilingual demonstrators.

But overall, the mood among the senators was friendly and lacked the confrontations of the previous day’s hearing of Fox TV commentator Pete Hegseth, whom Trump has nominated to be secretary of Defense. Senators questioned Hegseth about his experience, drinking, position on women in combat roles and allegations of sexual assault, which he has denied.

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