‘He Didn’t See It?!’ Weissmann Incredulous at Alito for Appearing to Suggest He Was Unaware of Upside-Down Flag in Own Yard
Former federal prosecutor Andrew Weissmann is having a difficult time processing Justice Samuel Alito’s excuse for having an upside-down American flag flying outside his house.
On Thursday, the New York Times published a report featuring a photo of the flag at the Alitos’ home on Jan. 17, 2021. According to the U.S. flag code, Old Glory should only be displayed in such a manner to indicate “dire distress in instance of extreme danger to life or property.”
The photo was taken just three days before the inauguration of President Joe Biden. Moreover, the Supreme Court was weighing whether to hear a case about the 2020 election, which Donald Trump lost. The court declined to hear arguments, with Alito dissenting.
An upside-down American flag became the preferred symbol of many Trump supporters who falsely believed the election had been rigged against the former president.
“I had no involvement whatsoever in the flying of the flag,” Alito told the Times in a statement. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”
Weissmann reacted to the report on Friday’s Deadline: White House, where Nicolle Wallace cited guidelines that Supreme Court employees must follow by quoting
“Employees may not engage in partisan political activity,” the guidelines state. “Partisan political activity is political activity related to elections contested by political parties. For example, employees may not publicly support or oppose a partisan political organization or candidate.”
Violation of the guidelines could call into question “the dignity of the impartiality of the Court.” Wallace said that an upside-down flag on display at the time it was flying at the Alitos’ house “certainly” would qualify as support for Trump.
Weissmann responded by expressing disbelief that Alito blamed his wife while appearing to suggest he was unaware of the manner in which the flag was flown.
“Can we just consider for a moment what Justice Alito’s defense is here?” Weissmann said. “Because of the photo, he can’t just say, ‘It didn’t happen.’ Let’s assume his wife put it up, let’s take that as a given even though we just have this statement… It’s his lawn! He didn’t see it?”
“He didn’t even say he didn’t see it,” Wallace replied.
“Exactly,” Weissmann said. “It’s up for days. He never saw that? I mean, he doesn’t– 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.”
Watch above via MSNBC.