Another Provocative Flag Was Flown at Another Alito Home
The justice’s beach house displayed an “Appeal to Heaven” flag, a symbol carried on Jan. 6 and associated with a push for a more Christian-minded government.
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This time, it was the “Appeal to Heaven” flag, which, like the inverted U.S. flag, was carried by rioters at the Capitol on Jan. 6, 2021. Also known as the Pine Tree flag, it dates back to the Revolutionary War, but largely fell into obscurity until recent years and is now a symbol of support for former President Donald J. Trump, for a religious strand of the “Stop the Steal” campaign and for a push to remake American government in Christian terms.
Three photographs obtained by The New York Times, along with accounts from a half-dozen neighbors and passers-by, show that the Appeal to Heaven flag was aloft at the Alito home on Long Beach Island in July and September of 2023. A Google Street View image from late August also shows the flag.
The photographs, each taken independently, are from four different dates. It is not clear whether the flag was displayed continuously during those months or how long it was flown overall.
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During the period the Appeal to Heaven flag was seen flying at the justice’s New Jersey house, a key Jan. 6 case arrived at the Supreme Court, challenging whether those who stormed the Capitol could be prosecuted for obstruction.
In coming weeks, the justices will rule on that case, which could scuttle some of the charges against Mr. Trump, as well as on whether he is immune from prosecution for actions he took while president. Their decisions will shape how accountable he can be held for trying to overturn the last presidential election and his chances at regaining the White House in the next one.
The disclosure about the new flag is troubling, several ethics experts said in interviews, because it ties Justice Alito more closely to symbols associated with the attempted election subversion on Jan. 6, and because it was displayed as the obstruction case was first coming for consideration by the court.
Until about a decade ago, the Appeal to Heaven flag was mostly a historical relic. But since then it has been revived to represent “a theological vision of what the United States should be and how it should be governed,” said Matthew Taylor, a religion scholar at the Institute of Islamic, Christian and Jewish Studies.
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Since its creation during the American Revolution, the flag has carried a message of defiance: The phrase “appeal to heaven” comes from the 17th-century philosopher John Locke, who wrote of a responsibility to rebel, even use violence, to overthrow unjust rule.
[Even violence, huh? Huh.]
“It’s a paraphrase for trial by arms,” Anthony Grafton, a historian at Princeton University, said in an interview. “The main point is that there’s no appeal, there’s no one else you can ask for help or a judgment.”
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A few weeks before the 2020 election, at a Las Vegas megachurch prayer service for his second term, a pastor from the group presented Mr. Trump with an “Appeal to Heaven” flag from the stage. When he lost…a team…formed an instant, ad hoc religious arm of the “Stop the Steal” campaign…
On Jan. 6, the “Appeal to Heaven” flag was prominent: at the Washington Monument, where throngs gathered to hear President Trump deliver a speech contesting the election results, and later above the angry mob that surrounded the Capitol. The flag was visible above clashes with law enforcement on the building’s west terrace, as rioters breached police lines underneath the scaffolding set up for President Biden’s inauguration, and finally, inside the building.
