Chief Justice John Roberts (L) told Senate Democrats that a meeting of a justice with leaders of only one political party would be "inadvisable." File Photo by Eric Lee/UPI |
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May 30 (UPI) -- Chief Justice John Roberts refused Thursday to meet with Senate Democrats to discuss Supreme Court ethics issues stemming from two controversial flags flown over Justice Samuel Alito's properties.
In a letter to Senate Majority Whip Dick Durbin, D-Ill., and Sen. Sheldon Whitehouse, D-R.I., Roberts said he must "respectfully decline" their request for a meeting.
"Separation of powers concerns and the importance of preserving judicial independence counsel against such appearances," the letter read. "Moreover, the format proposed -- a meeting with leaders of only one party who have expressed an interest in matters currently pending before the Court -- simply underscores that participating in such a meeting would be inadvisable."
Roberts noted in the letter that he made the same decision last year not to meet with Durbin about ethics issues for similar reasons.
Roberts' response comes a day after Alito sent his own letter telling Democrats he would not heed their call for him to recuse himself from cases involving former President Donald Trump.
In the letter, Alito said the matter of the two flags seen on his properties do not "meet the applicable standard for recusal."
Alito said his wife, Martha-Ann Alito, was responsible for raising an upside-down American flag at their Virginia home in the days after the Jan. 6 Capitol attack.
The justice also said his wife raised the "Appeal to Heaven" flag at their New Jersey vacation home last summer.
"My wife is fond of flying flags," Alito wrote. "I am not."
Both flags have been flown by Trump supporters on Jan. 6, and Democrats said they create an appearance of bias that required Alito to recuse himself from all cases involving Trump.
Alito said he was not familiar with the flags' connection to Trump and that his wife did not fly them to show support for that movement.
The Supreme Court is considering two cases tied to the 2020 presidential election. Justices are currently weighing Trump's claim of presidential immunity to charges of election subversion.
In another case, justices are hearing an appeal from a Jan. 6 rioter who claims an obstruction charge filed against him only applies to people destroying evidence, not storming a government building.