NEW: Supreme Court Justice Samuel Alito WILL NOT recuse himself from cases involving #Jan6th or Donald Trump, writing in a letter to Congress he believes a reasonable person would conclude the flag flying incidents do not meet the standards for recusal. documentcloud.org/documents/2469…
In the letter Justice Alito provides additional details about the flag-flying incidents. 1. He wasn't aware of the upside-down flag at first but then requested it be taken down, but his wife refused for several days. documentcloud.org/documents/2469…
2. He wasn't familiar with the "Appeal to Heaven" flag's meaning in relation to the 2020 election, but he doesn't say the same about the upside-down American flag. documentcloud.org/documents/2469…
3. His wife, who also allegedly didn't know the significance, didn't fly it to associate with any group. And that a group's use of a flag, he claims, doesn't drain it of all other meaning. documentcloud.org/documents/2469…
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DC District Judge Tanya S. Chutkan is on the bench. She was accompanied by what looks like two security guards. One is standing near the courtroom entrance judges use.
"Mr. Trump, like every American, has a First Amendment right to free speech, but that right is not absolute," Judge Chutkan said before diving into the disputes among parties. First issue: the scope of the order.
Judge Chutkan's first line of questioning is aimed at the government: Why wouldn't the government's desire to protect sensitive information be met by Trump's proposed order, which wouldn't cover all discovery, but just those materials specifically designated by the government?