Sarah Burris is a long-time veteran of political campaigns, having worked as a fundraiser and media director across the United States. She transitioned into reporting while working for Rock the Vote, Future Majority and Wiretap Magazine, covering the Millennial Generation's perspective during the presidential elections. As a political writer, Burris has had bylines at CNN, Salon.com, BNR, and AlterNet and serves as a senior digital editor for RawStory.com.
The U.S. Flag Code outlines: "The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property."
Alito blamed his wife for the move, saying she was upset at lawn signs with swear words. Several signs popped up around the election, reading, "f--- Trump." She complained that children waiting for the bus saw the vulgar word.
"If you want to connect the image that you saw, you don’t have to look far," said former FBI general counsel Andrew Weissmann. "If you look at what Alito said in the immunity argument — the argument was should a president be subject to the criminal laws. And it was unbelievable. Somebody who is a U.S. attorney, now sitting in the Supreme Court of the United States, took the position, we cannot trust DOJ, we cannot trust a grand jury of citizens, we cannot trust the criminal justice system, which by the way, he oversees the constitutional limits on what the government can do, we can’t trust that and that’s why a president should be immune."
She later noted that Chief Justice John Roberts has the power to hold the justices to the same standards as other judges, but he has been unwilling to do so.
She counted off rules such as "employees of the Supreme Court may not engage in partisan political activity, partisan political activity related to elections contested by political parties. For example, employees may not publicly support or oppose a partisan political organization or candidate."
Another is that "employees may not engage in nonpartisan activity if it could reflect adversely on the dignity or impartiality of the court or interferes with the duties."
Wallace said that the "upside-down flag is associated with one of the two parties, Trump supporters, at the Capitol that day and absolutely makes it impossible for that body to be dignified."
"Can we consider for a moment what Justice Alito's defense is here?" he said. "Understanding that because of the photo, he can't just say it didn't happen. Let's even assume his wife put it up, and take that as a given. Even though we just have the statement, there's lots of reasons to think — it's his lawn. But he didn't see it?"
Wallace noted that Alito never said in the statement that he didn't see it, only that his wife did it.
"It's up for days. He never saw that? I mean, he didn't talk to his wife? He didn't see the flag? He didn't think, maybe I should take this down? Remember the environment we were in. Let's go back to Jan. 6th. What was going on in Washington? I mean, I keep saying this about the judges who have these cases; everyone who was in Washington lived it. It was happening there around them."
He explained that he doesn't think people who weren't there can fully understand how central Jan. 6 was to those who live in America's capital and "how shocking" it was "even for us just watching it on TV."
"And he didn't think, maybe I should take this down?" asked Weissmann. "I mean, and then the response, I'm doing this in response to what? How is putting a 'Stop the Steal' flag that you know about, you are not taking down, how is that somehow justified by a neighbor?"
Weissmann wondered what would happen if the neighbor promoted Joe Biden.
"That means you put up this flag as a sitting Supreme Court Justice? It is so much, 'Might makes right.' It is such a denigration of what should be a court that people revere."