Supreme Court Justice Samuel Alito did not participate in the Court’s consideration or decision on a petition involving President Donald Trump, according to an order released Monday.
In the case MACTRUONG, DMT v. Trump, President of U.S., et al., the Court dismissed the petition for a writ of certiorari, noting that Alito took “no part” in the matter. The Court did not indicate why Alito recused himself or otherwise declined to participate, Newsweek reported.
The petitioner, identified as DMT MacTruong, has a history of filing lawsuits alleging abuses of power, violations of the 13th and 14th Amendments, and intellectual property theft. In this case, MacTruong accused President Trump and Vice President JD Vance of “egregious abuse of power, commission of high crimes, misdemeanors, [and] treason,” and sought a court order to “impeach and remove” them from office.
The Supreme Court dismissed the petition, and Alito did not participate, though no explanation was provided, the outlet reported.
The dismissal comes amid broader scrutiny of Alito, who has faced calls to recuse himself from other Trump-related cases as the Supreme Court considers several high-profile matters connected to the Jan. 6, 2021 attack on the U.S. Capitol.
Alito drew attention after reports surfaced that an inverted American flag was flown outside his home on Jan. 17, 2021 — a symbol that, in the aftermath of the Capitol riot, became associated with supporters of former President Trump’s false claims that the 2020 election was stolen.
In written responses to members of Congress, Alito said he did not participate in flying the inverted flag or an “Appeal to Heaven” flag that was also displayed outside his property. He maintained that neither incident warranted recusal under the Supreme Court’s ethics guidelines.
DMT MacTruong claimed in this case in part that he had helped Trump avoid impeachment.
“I helped him twice from being impeached. Once, I wrote to him an email telling him in substance to shut up on the scandalous issue of whether he had used campaign funds to pay Stormy Daniels,” he said.
“He did listen but his lawyer Giuliani did not and continued. I wrote another email to Giuliani telling him to shut up also. He finally did and as we all know, the scandal was forgotten,” he added.
The lawsuit also alleged that the president conspired against the plaintiff as part of his broader political agenda, Newsweek reported.
MacTruong has filed other cases making unconventional claims — including references to aliens and personal philosophical theories — and has repeatedly targeted Trump and other public figures, reflecting a pattern of atypical legal challenges against high-profile individuals.
The case was dismissed at an early stage. The Supreme Court declined to grant the plaintiff in forma pauperis status, which would have allowed the suit to proceed without payment of court fees, and also declined to review the matter through certiorari.
According to the official Supreme Court order, “Justice Alito took no part in the consideration or decision of this motion and this petition.”
Although the Court formally recorded Alito’s absence from the case, it did not provide a reason. Supreme Court justices sometimes recuse themselves when they believe a conflict of interest exists or to avoid the appearance of one, and they are not required to publicly explain their recusals in most situations, noted the outlet.
“The motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. Justice Alito took no part in the consideration or decision of this motion and this petition,” said the ruling from the country’s highest court.
With the Supreme Court’s dismissal of MacTruong’s petition, the case will not proceed further, and no additional hearings will be held on the challenge targeting Trump and other political figures.
Alito’s decision not to participate in this relatively minor case stands apart from his continued involvement in other, higher-profile matters before the Court that relate to the former president, the report added.
