House Democratic leader declares Justice Alito 'an insurrectionist sympathizer' amid flag fracas

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House Democratic Leader Hakeem Jeffries slams Justice Alito

House Minority Leader Hakeem Jeffries, D-N.Y., calls Justice Samuel Alito a 'right-wing insurrectionist' in comments to Fox News' Chad Pergram.

House Minority Leader Hakeem Jeffries, D-N.Y., declared Bush-appointed Supreme Court Justice Samuel Alito an "insurrectionist sympathizer" while also condemning Justice Clarence Thomas in comments to Fox News on Friday.

Jeffries' barb comes as Alito and his wife, Martha-Ann, continue to be under fire for previously flying the "Appeal to Heaven" flag, which features a pine tree on a white background. 

The flag became associated with the Jan. 6, 2021, Capitol protests after some protesters who broke into the complex carried the banner around, in an apparent throwback to its Colonial significance. The flag itself dates back to the American Revolution when it was notably utilized in a maritime fashion by Continental Army ships in the 1770s.

The pine tree is a symbol of the state of Maine as well as the state tree, while the "appeal to heaven" caption describes the hopes of colonists that God would deliver them from British tyranny.

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Liberal media and Democratic Party leaders have used the classic "Appeal to Heaven" colonial-era flag to link Supreme Court Justice Alito to Jan. 6 insurrectionists. (AP Photo/J. Scott Applewhite, File)

When asked about criticisms of Justices Alito and Clarence Thomas, Jeffries told Fox News' Chad Pergram that "the American people almost uniformly agree that the right-wing justices on the Supreme Court are completely and totally out of control."

"It appears that Justice Alito is an insurrectionist-sympathizer, joined by his right-wing buddy Clarence Thomas," Jeffries said, as Democrats often utilize the term to describe those involved in the protests, as well as former President Trump.

Jeffries called the meeting between Trump and Republicans on Capitol Hill "shameful and an embarrassment that [they] wanted to welcome the insurrectionist-in-chief back as a conquering hero."

Jeffries also commented that the high bench cannot police itself when it comes to ethics and that there have been significantly more "aggressively partisan, right wing, extreme decisions" since Trump nominated a trio of justices.

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"[T]his is why Democrats after the fall of 2022 are winning… and overperforming," he said.

In May, Alito responded to criticisms of the Appeal to Heaven flag having flown at his Alexandria, Virginia, home in the wake of the Capitol protests by telling Fox News that his wife displayed it for an unrelated reason.

Alito claimed Martha-Ann had placed it in response to insults directed at her from a neighbor, saying the situation started when the neighbor posted a "F--- Trump" sign very close to a school bus stop.

In a recent letter responding to demands from Democratic Sens. Sheldon Whitehouse of Rhode Island and Dick Durbin of Illinois that he recuse himself from Trump v. United States and any cases pertaining to Jan. 6, Alito strenuously rejected their demand.

"[Martha-Ann] did not fly it to associate herself with that or any other group and the use of an old historic flag by a new group does not necessarily drain that flag of all other meanings," Alito wrote.

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"A reasonable person who is not motivated by political or ideological considerations or a desire to affect Supreme Court cases would conclude that this event does not meet the applicable standard for recusal. I am therefore duty-bound to reject your recusal request," he added.

Fox News' Shannon Bream contributed to this report.