U.S. Supreme Court Justices Samuel Alito and Clarence Thomas have no choice but to observe federal law and recuse themselves from cases involving the 2020 presidential election, according to an attorney who served as a federal prosecutor for 30 years, while a noted constitutional law expert is warning Justice Alito “may be responsible for delaying” the Court’s decision on Donald Trump’s claims of absolute immunity.

Their remarks come as Americans are waiting for the U.S. Supreme Court to issue its decision on Donald Trump’s claim of absolute and total immunity from prosecution.

“The Supreme Court, as led by insurrection advocates Alito & Thomas, has caught & killed Trump’s prosecution for trying to overturn the 2020 election. The impartiality of Thomas & Alito ‘might reasonably be questioned’ so the federal law REQUIRES their recusal. Period. Full stop,” wrote Glenn Kirschner, now an NBC News/MSNBC legal analyst.

Kirschner posted text from federal law, 28 U.S.C. Sec. 455, which reads: “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”

READ MORE: ‘Partisan Insurrectionist’: Calls Mount for Alito’s Ouster After ‘Stop the Steal’ Scandal

The renewed interest in both far-right justices comes after Friday’s New York Times bombshell report that revealed a symbol of January 6 insurrectionists, the “Stop the Steal” flag, which is the U.S. Stars and Stripes flying upside down, was flown at Justice Alito’s home just days before President Joe Biden was inaugurated.

Justice Alito claimed his wife was responsible for flying the American flag in that manner, which is also used to indicate a situation of dire or extreme distress. He claimed she had done so after an altercation with a neighbor, who had a “F*** Trump” sign on their lawn that could be seen by children awaiting the school bus. But those claims seemed to fall apart after sleuths noted because of COVID schools were operating virtually, so there were no school buses running, and neighbors did not remember what allegedly was extreme neighborhood drama.

On Friday, Laurence Tribe, University Professor Emeritus at Harvard University, a constitutional law scholar and professor who has argued three dozen times before the Supreme Court, told CNN (video below) he believes Justice Alito must recuse.

“I do. I don’t think there’s any question about it. It’s in many ways, more serious than what we’ve seen with Justice Thomas. At least Justice Thomas could say that, ‘my wife Ginny has her own separate career. We don’t talk about the cases.’ You may believe that or you may not, but that’s very different from what’s going on with Justice Alito. He’s not saying, ‘My wife has her own separate career.’ He’s throwing her under the bus and blaming her for what is on his house, his flagpole. It’s his flag malfunction. It’s his upside down flag and everyone knows that the upside down the flag, which the United States Code says should be flown that way only in cases of absolute emergency as a kind of SOS, was in this case, a symbol of the claim that the election was stolen from Donald Trump.”

“It was the banner of the insurrectionists,” Tribe continued. “And I’m reminded of something that the late Justice Scalia said in the opinion he wrote in 1987, he said, ‘you cannot expect to ride with the cops if you cheer for the robbers.’ In this case, Justice Alito expects to preside over a decision about whether there wasn’t it direction and who was responsible for it. And whether Donald Trump who has been charged with involvement in trying to obstruct the operations of government and the transfer of power is immune, or if cases before the court, he’s obviously not qualified to sit in this case.”

READ MORE: ‘Mouths of Sauron’: Critics Blast ‘Mobster Tactic’ of Trump Surrogates ‘Violating’ Gag Order

Like Kirschner, Tribe pointed to 28 U.S.C. Sec. 455, saying, “28 US Code section 455 says that any federal judge or justice must – not may, but must – recuse him or herself in any case where either that justice or the justice’s spouse has any skin in the game. There’s no distance here between Mr. Alito and Mrs. Alito. It’s clear that whatever offensive sign was involved, that dispute between neighbors trivializes what’s involved here.”

On the Supreme Court’s pending decision on Trump’s immunity claims, Tribe added, Justice Alito “may be responsible for delaying it.”

“After all, the protocol within the court is the different justices dissenting and Alito is probably writing a dissent from a rejection of the extreme claim of absolute immunity. That didn’t seem to gain traction with the court. If a justice is dissenting, you wait till the dissent is done before announcing the case. So by delaying this immunity decision so long that a trial can’t occur before the election, the effect may be to give de facto immunity to the former president, who if he wins the election will pick an attorney general who will dismiss the case. So ultimate accountability is very much on the line.”

As for Justice Thomas, back in March of 2022, The New Yorker‘s Jane Mayer wrote: “Legal Scholars Are Shocked By Ginni Thomas’s ‘Stop the Steal’ Texts,” which also read: “Several experts say that Thomas’s husband, the Supreme Court Justice Clarence Thomas, must recuse himself from any case related to the 2020 election.”

And in June of 2022, former Bush 43 chief White House ethics lawyer Richard Painter, also posting that federal law, wrote: “Justice Thomas’s participation in Dobbs means Ginni Thomas was not receiving payment from persons seeking reverse of Roe. Right?”

He was referring to the Supreme Court’s Dobbs decision, coincidentally written by Justice Alito, which overturned five decades of civil rights law and removed abortion as a constitutionally-protected right.

“We have no idea who’s paying Ginni Thomas,” he continued, referring to Clarence Thomas’s spouse, who also alleged worked to overturn the 2020 election. “Justice Thomas refuses to recuse from any cases because of her. This conflict of interest is unworkable.”

Watch Professor Tribe below or at this link.

5.17.24 715 pm ET CNN Anchor @ErinBurnett w/

Constitutional Scholar and Harvard Law Professor, Laurence Tribe @tribelaw

Burnett: “Should Justice Alito recuse himself from anything Trump or the Election”

Tribe: I do, I don’t think there’s any question about it pic.twitter.com/PmdEpjRv6I

— Jeff Storobinsky (@jeffstorobinsky) May 17, 2024

READ MORE: ‘Not Weighing in on That’: Republicans Refuse to Pull Support for Trump as Trial Nears End

Donald Trump will have more than a dozen allies, including an elected Republican state attorney general and several House Republicans at the Manhattan Criminal Courts Building on Monday, in likely the largest show of support yet for the indicted ex-president facing 34 felony charges related to his alleged effort to subvert the election by falsifying business records related to his “hush money” payments to two women.

At least four GOP members of the House, which is not back in session until Tuesday, are expected to show at the courthouse, and an even larger number, at least nine, Trump allies are also expected to attend – likely to deliver speeches before the cameras.

The list, according to NewsNation’s Libbey Dean, includes South Carolina Attorney General Alan Wilson, an election denier who had supported overturning the 2020 presidential election and signed onto what has been called a “false and frivolous” lawsuit attempting to overturn the results. Wilson also was chair of the Republican Attorneys General Association in 2020 when the organization “sent a robocall encouraging ‘patriots’ to march on the Capitol and demand Congress overturn the election results,” the Associated Press reported in January 2021. He denied knowledge of the robocall project and five days after the January 2021 insurrection conceded Joe Biden had won the presidency.

READ MORE: ‘Partisan Insurrectionist’: Calls Mount for Alito’s Ouster After ‘Stop the Steal’ Scandal

Other elected officials  attending Trump’s trial Monday are Republican U.S. Reps. Eric Burlison, Andrew Clyde, Mary Miller, and Keith Self.

Also attending are John Coale from the Trump-aligned America First Policy Institute, attorney Alan Dershowitz, Trump attorney and GOP attorney general candidate Will Scharf, convicted felon and Trump pardon recipient Bernie Kerik, Trump loyalist and former Trump administration official Kash Patel, and others.

Senate Republicans who spoke with CNN’s Manu Raju (video below) made clear they will not be dropping support for the indicted and embattled ex-president any time soon.

Trump’s trial, which last week had been on schedule to end this week, will now extend into next week with closing arguments beginning Tuesday, the day after Memorial Day.

U.S. Senator Steve Daines (R-MT) told CNN’s Raju, he “wouldn’t be surprised” if Trump is convicted, while echoing, almost verbatim, Trump’s talking points.

“I mean, that’s probably going to happen, but that’s going to get, most likely, thrown out. These charges, frankly, talk about election interference, that’s what’s going on right now in that New York courtroom.”

READ MORE: Dem Wants Probe Into Allegations of Congress Members Drinking During Contempt Hearing

Senator James Lankford (R-OK), whose bipartisan border bill was killed by Trump, would only offer this to CNN: “I want to be able to have people that are role models and leaders and all those things as well.”

“For me, the policy issues are going to matter significantly,” he added, suggesting support for Trump.

Senate Republican Minority Whip John Thune of South Dakota was asked if he will continue to support Trump if he is convicted.

“We’ll see how the trial comes out. I’m not weighing in on that.”

Watch the video below or at this link.

Trump could be acquitted or convicted as soon as this week. If he’s convicted, will he support Trump? Thune: “We’ll see how the trial comes out. I’m not weighing in on that.”

Lankford says he would bc it comes down to policy. “I want to be able to have people that are role… pic.twitter.com/FLUMfX7kKd

— Manu Raju (@mkraju) May 20, 2024

READ MORE: Why Alito’s ‘Stop the Steal’ Flag Story Just Fell Apart

House Oversight Republicans held a contempt of Congress hearing for Attorney General Merrick Garland while lawmakers allegedly were drinking alcohol and acting “pretty ugly” during Thursday night’s proceedings. Now, they are the ones accused of behavior “embarrassing to our institution” by Ranking Member Jamie Raskin (D-MD), who wants an investigation.

“Members of the panel ultimately advanced a contempt of Congress resolution against Attorney General Merrick Garland on a party-line vote, but the far more striking takeaway was the personal attacks and theatrics lobbed between lawmakers in both parties — as Chair James Comer (R-Ky.) struggled unsuccessfully to gain control for more than an hour,” Politico reported Friday, adding: “both Republicans and Democrats acknowledged some members had been drinking that evening.”

Who was drinking remains a secret.

“A House Republican described the hearing as ’embarrassing’ and ‘a four -alarm dumpster fire,'” Axios reported. “The session quickly devolved into chaos, with Democrats blasting the GOP for postponing the hearing so several members could visit former President Trump’s trial and Republicans heckling them in response.”

One Democrat during the hearing spoke up.

READ MORE: Why Alito’s ‘Stop the Steal’ Flag Story Just Fell Apart

Ranking Member Raskin “said it was ’embarrassing to our institution’ and that he ‘constantly’ instructs his members to maintain a ‘high level of dignity and respect and decorum.'”

“We have some members in the room who are drinking inside the hearing room … who are not on this committee,” alleged Rep. Melanie Stansbury (D-NM).

The Hill adds that Congressman Raskin said, “I didn’t see the drinking,” and that “the gentlelady from New Mexico, Melanie Stansbury raised it, she said there are members drinking in the room, and that’s something that is worth investigating if there was in fact drinking taking place.”

One unnamed House Republican told Axios, “This place is so stupid.”

The evening’s events quickly took a bad turn when U.S. Rep. Marjorie Taylor Greene (R-GA), violating decorum, interrupted Ranking Member Raskin barely 30 seconds into his remarks.

Watch below or at this link.

READ MORE: ‘Partisan Insurrectionist’: Calls Mount for Alito’s Ouster After ‘Stop the Steal’ Scandal