THE NATIONAL ACTION NETWORK REVEREND AL SHARPTON. LEADER JEFFERIES, THANK YOU FOR BEING HERE. SPOKE A MOMENT WITH WITH SENATOR WHITEHOUSE ABOUT JUSTICE SAMUEL ALITO AND THESE FLAGS. HE SEEMS TO THINK IT'S PRETTY CLEAR THERE NEEDS TO BE A DISCUSSION ABOUT RECUSAL FOR JUSTICE ALITO. WHERE DO YOU STAND? >> A CIRCUMSTANCE WHERE JUSTICE SAMUEL ALITO SHOULD BE PERMITTED TO PRESIDE WITH RESPECT TO ANY CASE THAT HAS TO DO WITH THE JANUARY 6th VIOLENT INSURRECTION. ABSOLUTELY HE SHOULD RECUSE HIMSELF. HE DISQUALIFIED HIMSELF IN TERMS OF EITHER THE APPEARANCE OF IMPARTIALITY OR ACTUAL IMPARTIALITY. >> HOW DO YOU GET HIM TO RECONSIDER? HOW DO YOU GET THE CHIEF JUSTICE TO GET HIM TO EVEN CONSIDER THIS? >> PART OF THE CHALLENGE THAT WE CONFRONT WITH THE RUNAWAY SUPREME COURT. IT APPEARS TO WANT TO CONDUCT ITSELF AS IF THE JUDICIARY IS ABOVE THE LAW. FOR YEARS MEMBERS OF THE HOUSE AND SENATE INDICATED IT'S TIME FOR THE SUPREME COURT TO HAVE AN ETHICAL CODE OF CONDUCT THAT IS ENFORCEABLE. LAST YEAR CHIEF JUSTICE ROBERTS DID IMPLEMENT A CODE OF CONDUCT, BUT IT APPEARS TO BE VOLUNTARY AND IS BEING IGNORED. AS A RESULT OF THAT, THE FIRST OPPORTUNITY WE HAVE IN THE CONGRESS, I BELIEVE WE NEED TO HAVE A REAL CONVERSATION ABOUT A LEGISLATIVE EFFORT TO IMPLEMENT AND ETHICAL CODE OF CONDUCT ON THE SUPREME COURT THAT IS ENFORCEABLE. THEY ARE THE ONLY BRANCH OF GOVERNMENT CURRENTLY THAT CAN OPERATE WITH IMPUNITY. CONGRESS HAS AN ETHICAL CODE OF CONDUCT ENFORCEABLE UNDER LAW. THE EXECUTIVE BRANCH HAS AN ETHICAL CODE OF CONDUCT ENFORCEABLE UNDER LAW. WE'VE GOT TO GET THE MAGA EXTREMISTS ON THE SUPREME COURT UNDER CONTROL. >> TO BE CLEAR, WE'RE TALKING ABOUT THESE FLAGS. ONE OF THEM WAS THE UPSIDE-DOWN AMERICAN FLAG FLOWN OUTSIDE OF HIS HOME AFTER THE INSURRECTION WHILE THE COURT CONSIDERING A CASE REGARDING THE ELECTION. JUSTICE ALITO SAYS HE WIFE WAS THE ONE WHO FLEW IT AND DONE IN A DISPUTE WITH ONE OF THE NEIGHBORS. THE OTHER FLAG WAS THE "APPEAL TO HEAVEN FLAG." STOP THE STEALERS AS WELL. RELIGIOUS PORTION OF STOP THE STEALERS. NO COMMENT. FLOWN OUTSIDE OF HIS NEW JERSEY VACATION HOME REPORTED MULTIPLE TIMES IN 2023. WHEN REPUBLICAN SENATORS ARE ASKED THEY SAY NO BIG DEAL IT'S OVER BLOWN IN THE MEDIA. DO YOU SEE ANY INNOCENT EXPLANATION FLYING OF THESE FLAGS, TWO SEPARATE HOMES DURING TWO SEPARATE PERIODS? >> DO NOT SEE ANY NONNEFARIOUS NORTHERN INNOCENT EXPLANATION. IF THERE IS ONE WE HAVEN'T HEARD IT FROM SUPREME COURT JUSTICE ALITO. TRYING TO THROW HIS BUS UNDER THE BUS, EXTRAORDINARY IN AND OF ITSELF. FOR ANYONE TO DO LET ALONE A SUPREME COURT JUST IS WHO, BY THE WAY, IS HAVING TO DEAL WITH PENDING CASES BEFORE THE SUPREME COURT THAT INVOLVE THE INSURRECTIONIST DONALD TRUMP, INVOLVE PEOPLE WHO VIOLENTLY ASSAULTED THE CAPITOL UNDERMINING THE PEACEFUL TRANSFER OF POWER FIRST TIME IN HISTORY AND THAT IS WHY THIS IS A SERIOUS ISSUE. PART OF THE CHALLENGE WE CONFRONT AT THIS MOMENT THE EXTREME MAGA REPUBLICAN MAJORITY IN HOUSE OF REPRESENTATIVES HAS ZERO INTEREST IN EXERCISING ANY OVERSIGHT AUTHORITY OVER THE OUT OF CONTROL MEMBERS OF THE SUPREME COURT. WHICH IS ONE OF THE THINGS THAT WILL BE BEFORE THE AMERICAN PEOPLE ON THE BALLOT IN NOVEMBER. >> IF THE DEMOCRATS RETAKE CONTROL OF THE HOUSE. IF THE AMERICAN PUBLIC PUTS DEMOCRATS IN CONTROL OF THE HOUSE, AND SAY THE AMERICAN PUBLIC ALLOWS DEMOCRATS TO MAINTAIN CONTROL OF THE SENATE, SAY THE AMERICAN PUBLIC ALSO ALLOWS JOE BIDEN TO KEEP THE WHITE HOUSE, WOULD YOU PLAN ON DOING SOMETHING REGARDING JUSTICE SAMUEL ALITO? POTENTIALLY TRYING TO IMPEACH HIM? >> WELL, LET'S NOT PUT THE CART BEFORE THE HORSE. THE FIRST STEP WOULD BE TO MAKE SURE WE ENGAGE IN AN AGGRESSIVE OVERSIGHT TO GET AN UNDERSTANDING OF WHAT'S HAPPENING, WHY IT'S HAPPENING, AND HOW WE CAN STOP THIS EXTREMIST BEHAVIOR FROM EVER HAPPENING AGAIN. THE CHALLENGE RIGHT NOW IS THAT EVEN THE SENATE DEMOCRATS, THOUGH THEY ARE IN MAJORITY, HAS THE INABILITY OR DOES NOT HAVE THE ABILITY, I SHOULD SAY, TO ENFORCE SUBPOENAS AND TRY TO ASCERTAIN AND OBTAIN INFORMATION, BECAUSE REPUBLICANS IN THE SENATE HAVE THE ABILITY TO BLOCK IT, BECAUSE THERE IS A 60-VOTE THRESHOLD WITH RESPECT TO SUBPOENA ENFORCEABILITY AND, OF COURSE, UNDER CHAIRMAN JIM JORDAN ADD THE CHAIR OF THE OVERSIGHT COMMITTEE, WE SEE WHAT A MESS OVERSIGHT HAS BEEN THROUGHOUT THE ENTIRETY OF THIS CONGRESS, THEY HAVE ZERO INTEREST IN TRYING TO REHABILITATE THE CREDIBILITY OF THE SUPREME COURT. WE'RE GOING TO HAVE TO STEP INTO THE SITUATION. >> IT'S NOT JUST JUSTICE ALITO. ALSO JUSTICE THOMAS, SERIOUS QUESTIONS SURROUNDING HIM REGARDING BILLIONAIRE FUNDING, LAVISH VACATIONS. WHAT HE'S TAKEN FROM PEOPLE WHO HAVE ARGUMENTS IN FRONT OF THE SUPREME COURT. ALSO TAKEN POSITIONS RECENTLY REGARDING OUR INSTITUTIONS IN THE OVERTURNING OF ROE V. WADE BROUGHT UP BROOKFIELD AND GAY MARRIAGE SUGGESTING HE'D WANT TO TAKE ANOTHER LOOK AT THAT AND QUESTIONS WANTING TO LOOK AT BROWN V. BOARD OF EDUCATION. WHAT ARE YOUR FEELINGS ABOUT JUSTICE THOMAS? >> JUSTICE THOMAS HAS LONG LOST HIS CREDIBILITY IN TERMS OF AN IMPARTIAL FIGURE INTERESTED IN LIBERTY AND JUST IS FOR ALL. EQUAL PROTECTION UNDER THE LAW. IT'S IMPORTANT FOR THE AMERICAN PEOPLE TO UNDERSTAND THAT IF ROE V. WADE CAN FALL, ANYTHING CAN FALL. SOCIAL SECURITY ITSELF CAN FALL. MEDICARE CAN FALL. THE AFFORDABLE CARE ACT CAN FALL. DEMOCRACY CAN FALL. BROWN V. BOARD OF EDUCATION CAN FALL AS JUSTICE THOMAS MADE CLEAR IN HIS CONCURRING OBSERVATION AND OPINION YESTERDAY. SO EVERYTHING WE CARE ABOUT IS GOING TO BE ON THE BALLOT IN NOVEMBER. INCLUDING GETTING THE FEDERAL JUDICIARY INTO A PLACE WHERE IT CAN ACTUALLY ADMINISTER THE LAW AND NOT LEAD AN IDEOLOGICAL EFFORT TO JAM THEIR RIGHT-WING VIEWS DOWN THE THROATS OF THE AMERICAN PEOPLE. >> LEADER JEFFERIES, IF JUSTICE ALITO DOES NOT RECUSE HIMSELF AND IS PART OF THE COURT THAT RULES ON FORMER PRESIDENT TRUMP'S IMMUNITY CASE WHICH IS SET TO COME OUT ANY DAY NOW, AND SAY THAT IT GETS KICKED DOWN TO THE LOWER COURTS AND HAVING TO GO THROUGH WHERE THE PRESIDENTIAL IMMUNITY LIES. IS THAT GOING IN YOUR OPINION, TO DEGRADE THE CONFIDENCE IN THE COURT? >> WELL, THE COURT HAS DONE A LOT OVER THE LAST SEVERAL YEARS TO DEGRADE PUBLIC CONFIDENCE IN THE INSTITUTION, AND, YOU KNOW, THAT'S QUITE UNFORTUNATE, BECAUSE WE NEED A FAIR AND IMPARTIAL JUDICIAL BRANCH AS PART OF OUR ARCHITECTURE AND A HANDFUL OF MAGA ON THE SUPREME COURT PUSHED THINGS TOO FAR IN AN EXTREME DIRECTION. I THINK WE JUST HAVE TO CONTINUE TO ENCOURAGE THE AMERICAN PEOPLE THAT AT THE END OF THE DAY, WHO THEY ELECT AS PRESIDENT, WHO THEY ELECT INTO THE UNITED STATES SENATE WILL HELP DETERMINE THE FUTURE FATE OF THE UNITED STATES SUPREME COURT, AND BASED ON THE VIEW THAT THE PUBLIC LACKS CONFIDENCE IN THE SUPREME