Former US Attorney Brett Tolman Tells Newsmax: Alito Was Right to Refuse Recusal

Former U.S. Attorney Brett Tolman told Newsmax on Wednesday night that Supreme Court Justice Samuel Alito should not recuse himself from any Jan. 6 cases.

Alito has rejected calls to step aside from cases concerning former President Donald Trump and defendants from the Jan. 6, 2021, Capitol attack due to the controversy surrounding flags at his homes.

In letters to Congress members, Alito explained that his wife, Martha-Ann, was responsible for flying an upside-down flag over their home in 2021 and an “Appeal to Heaven” flag at their New Jersey beach house last year, similar to those carried by Capitol protesters in January 2021 echoing Trump’s election fraud claims.

Tolman praised Alito’s judicial temperament and discretion, stating that the opinions of his family and friends do not affect his ability to be impartial in assessing cases before him, contrasting Alito with Judge Juan Merchan overseeing Trump’s criminal trial in New York, where accusations of partisan rulings have been made.

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