CNN pundit says Alito may be guilty of 'impeachable offense'

By Sarah May on
 June 9, 2024

As the left continues its efforts to undermine the legitimacy of the Supreme Court ahead of several key rulings that could impact the 2024 election, one conservative justice has emerged as a favorite target of liberal ire.

According to Breitbart, one of CNN's left-leaning legal commentators, Harry Litman, opined on Saturday that Justice Samuel Alito may be guilty of what he called an “impeachable offense” with regard to a recent flap involving flags flown at his homes.

Flag flap, explained

At issue during Litman's appearance on the network's Newsroom program was the controversy over a New York Times report indicating that an upside-down American flag was spotted at Alito's Virginia home back in 2021 and another suggesting that an “Appeal to Heaven” flag was seen at his vacation property.

Critics of the justice argue that this indicates his alignment with “Stop the Steal” and pro-Trump factions and therefore necessitates his recusal from Jan. 6 -- related cases before the court.

It was in the context that show host Jessica Dean said to Litman, “You brought up Justice Samuel Alito. I do want to ask you, typically about him, a former neighbor of his questioning the justice's explanation for that upside down American flag that you've mentioned that was seen flying at his Virginia home in 2021.”

“And you mentioned the letter that he wrote to lawmakers he said it was in response to a very nasty neighborhood dispute, but the neighbor said this week at best, he's mistaken, but at worse, he's just outright lying,” Dean went on.

Litman holds forth

In response to that prompt, Litman said, “Alito himself has distanced himself from it, which is an implicit understanding that if he himself were flying the flag, it would be a problem.”

“Now, as to this discrepancy. The neighbor says that there is material evidence, we have a picture in the New York Times in January and a police report at the altercation in February, which Justice Alito says triggered it,” Litman continued.

The legal analyst went on, “Look, I'm not saying that the neighbor's word should be taken over that of a justice of the United States. However, there is the discrepancy, and I really think it's essential to get to the bottom of it.”

“If it's the case, I am not saying it's the case, but if it is that Justice Alito sent a letter to Congress and didn't tell the truth in it, that is exceptionally grave,” Litman opined.

Litman concluded his analysis by stating, “I think that would be an impeachable offense.”

“Like clockwork”

Liberal lawmakers such as Sen. Dick Durbin (D-IL) and Rep. Jerry Nadler (D-NY) have already called for Alito's recusal from all Trump-related matters before the high court, as the Washington Examiner has noted, but the justice himself has already declined to comply with such demands.

A host of legal observers on the other side of the ideological aisle have characterized the legislators' calls as part of a broader normalization of attacks on conservative justices, used as a means to blunt the perceived authority of any decisions the high court may yield in the coming weeks.

Mark Paoletta, former general counsel for the Office of Management and budget during the Trump years, weighed in, musing that the left is, “like clockwork,” attempting to intimidate the conservative justices and "try to force a baseless recusal or to have them trim their sails on an opinion,” but with any luck, those efforts will continue to prove fruitless as the country awaits June's remaining rulings.

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