On January 6th, 2021, Trump incited an insurrection, and as a result, he is pending federal prosecution for his attempt to overturn the results of the 2020 presidential election. Trump's angry mob showed their determination to "stop the steal" on January 6th by carrying upside-down American flags.

Days later, Justice Samuel Alito's home was flying an upside-down American flag in what appeared to be solidarity with Trump's "stop the steal" efforts. There are now at least two Supreme Court justices who are disqualified from deciding January 6 cases: Alito and Clarence Thomas. Indeed, the federal law, 28 US Code section 455, requires a justice to disqualify himself from sitting in any proceeding in which his impartiality might reasonably be questioned. If the Supreme Court is to begin clawing back some of its legitimacy, Alito and Thomas must recuse themselves from ALL J6 cases.

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