McConnell accuses Senate Democrats of committing ethics violations in demanding Alito recusal

Senate Minority Leader Mitch McConnell claimed on Wednesday that two Senate Democrats could have been charged with ethics violations after they demanded Supreme Court Justice Samuel Alito's recusal over flags found flying at his home.

Democratic Sens. Richard Blumenthal of Connecticut and Sheldon Whitehouse of Rhode Island, called for Alito to recuse himself from January 6 cases, and cases related to former President Donald Trump, citing potential conflicts of interest. Whitehouse and Sen. Dick Durbin also asked for a meeting with Chief Justice John Roberts to discuss Alito's recusal. All three are members of the Senate Judiciary Committee.

McConnell said the violation was made by Whitehouse and Blumenthal, because they are members of the Supreme Court Bar. Both senators have argued cases in front of the Supreme Court before joining Congress, and lawyers must join the Supreme Court Bar in order to argue cases.

"Three of our colleagues have taken it upon themselves to write to the Chief Justice and demand Justice Alito’s recusal in cases," MConnell told Fox News. "One went so far as to tell the chief that he should strip Justices Alito and [Clarence] Thomas of the ability to write majority opinions unless they recuse from the cases liberals don’t want them hearing. This goes beyond the standard disgraceful bullying my Democratic colleagues have perfected."

McConnell said the two senators partook in "ex-parte communications" in their letters to Roberts, which is a violation of the American Bar Association code of conduct. 

"These senators are telling the chief justice, privately, to change the course of pending litigation," McConnell said. "They are officers of the court and bound by a different set of rules than a mere senator ... I might suggest to our colleagues that unethical ex-parte communications seeking to change the course of pending litigation is such conduct. And that the Court should take any remedial action it feels to be appropriate."

The comments come after reports that an upside down American flag flew outside of Alito's home in Virginia in January of 2021.  The upside down flag is used by some supporters of former President Donald Trump as a symbol of the "Stop the Steal" movement. A second "Appeal to Heaven" flag was flown outside of a family vacation home.

Alito has refused to recuse himself from the cases, claiming he had nothing to do with the upside down American flag, and that he and his wife did not know the meaning behind the "Appeal to Heaven" flag. Alito also said nothing about the incidents merited recusal under the high court's code of conduct.