Second flag carried by Jan. 6 rioters displayed outside house owned by Justice Alito, report says

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WASHINGTON (AP) — A second flag of a type carried by rioters during the attack on the U.S. Capitol on Jan. 6, 2021, was displayed outside a house owned by Supreme Court Justice Samuel Alito, The New York Times reported Wednesday.

An “Appeal to Heaven” flag was flown outside Alito’s beach vacation home last summer. An inverted American flag — another symbol carried by rioters — was seen at Alito’s home outside Washington less than two weeks after the violent attack on the Capitol.

News of the upside-down American flag sparked an uproar last week, including calls from high-ranking Democrats for Alito to recuse himself from cases related to former President Donald Trump.

Alito and the court declined to respond to requests for comment on how the “Appeal to Heaven” flag came to be flying and what it was intended to express. He previously said the inverted American flag was flown by his wife amid a dispute with neighbors, and he had no part in it.

The white flag with a green pine tree was seen flying at the Alito beach home in New Jersey, according to three photographs obtained by the Times. The images were taken on different dates in July and September 2023, though it wasn’t clear how long it was flying overall or how much time Alito spent there.

The flag dates back to the Revolutionary War, but in more recent years it has become associated with Christian nationalism and support for Trump. It was carried by rioters fueled by Trump’s “Stop the Steal” movement animated by false claims of election fraud.

Republicans in Congress and state officials have also displayed the flag. House Speaker Mike Johnson hung it at his office last fall shortly after winning the gavel. A spokesman said the speaker appreciates its rich history and was given the flag by a pastor who served as a guest chaplain for the House.

Alito, meanwhile, is taking part in two pending Supreme Court cases associated with Jan. 6: whether Trump has immunity from prosecution for his efforts to overturn the 2020 election results and whether a certain obstruction charge can be used against rioters. He also participated in the court’s unanimous ruling that states can’t bar Trump from the ballot using the “insurrection clause” that was added to the Constitution after the Civil War.

News of the second flag brought renewed calls for Alito to step aside from the Trump-related cases. “At this point it is difficult to make any reasonable case for Alito’s impartiality. It can and must be questioned. As a result, he must not sit on cases about the 2020 election or the insurrection he appears to have supported,” said Noah Bookbinder, president of Citizens for Responsibility and Ethics in Washington. The group represented Colorado voters in the “insurrection clause” case at the high court seeking to bar Trump from the ballot.

There has been no indication Alito would step aside from the cases.

Another conservative justice, Clarence Thomas, also has ignored calls to recuse himself from cases related to the 2020 election because of his wife Virginia Thomas’ support for efforts to overturn Trump’s loss to President Joe Biden.

Public trust in the Supreme Court, meanwhile, recently hit its lowest point in at least 50 years.

Judicial ethics codes focus on the need for judges to be independent, avoiding political statements or opinions on matters they could be called on to decide. The Supreme Court had long gone without its own code of ethics, but it adopted one in November 2023 in the face of sustained criticism over undisclosed trips and gifts from wealthy benefactors to some justices. The code lacks a means of enforcement, however.

Wind towers crumpled after Iowa wind farm suffers rare direct hit from powerful twister

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By SEAN MURPHY (Associated Press)

OKLAHOMA CITY (AP) — A wind farm in southwest Iowa suffered a direct hit from a powerful tornado that crumpled five of the massive, power-producing towers, including one that burst into flames. But experts say fortunately such incidents are rare.

Video of the direct hit on the wind farm near Greenfield, Iowa, showed frightening images of the violent twister ripping through the countryside, uprooting trees, damaging buildings and sending dirt and debris high into the air.

Several of the turbines at MidAmerican Energy Company’s Orient wind farm recorded wind speeds of more than 100 mph as the tornadoes approached just before the turbines were destroyed, the company said in a statement.

“This was an unprecedented impact on our wind fleet, and we have operated wind farms since 2004,” MidAmerican said.

While there have been isolated incidents of tornadoes or hurricanes damaging wind turbines, fortunately such occurrences are extremely rare, said Jason Ryan, a spokesperson for the American Clean Power Association.

Although requirements vary from state to state about how far turbines must be located from other structures, Ryan said the giant turbines are not placed directly next to homes and other occupied structures.

There are currently nearly 73,000 wind turbines in operation across the country, he said. Many of those operate in the center of the country, often referred to as the wind belt, which stretches from Texas north through Oklahoma, Kansas, Nebraska and the Dakotas, and includes large swaths of Minnesota, Iowa and Illinois.

Many of those same states also are prone to tornadoes, especially during the spring, including a portion of the Central Plains extending from the Dakotas south into Oklahoma and Texas, said Jennifer Thompson, a meteorologist with the National Weather Service in Norman, Oklahoma.

Wind turbines are built to withstand high wind speeds and severe weather, like tornadoes, hurricanes and lightning strikes, but few structures are designed to withstand a direct hit from a powerful tornado, said Sri Sritharan, an engineering professor at Iowa State University who has studied the impact of earthquakes and severe weather on structures.

“When you do a design, you don’t design something that can withstand an EF4 or EF5 tornado,” Sritharan said.

Wind turbines are designed to meet industry standards for structural integrity that includes factors like wind speed, and it’s possible that design code committees will consider the impact of Tuesday’s tornado strikes in the future, he said.

“I would think they would look at this event and how they should update the standards,” Sritharan said.

Opponents of University of St. Thomas arena appeal to St. Paul City Council

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Residential neighbors opposed to a 5,500-seat Division 1 hockey and basketball arena already under construction at the University of St. Thomas in St. Paul are taking their case to the St. Paul City Council.

The residents, who have formed a nonprofit together under the title Advocates for Responsible Development, filed a 51-page appeal this week of an arena site plan that was approved by city planning staff in April and later supported by the St. Paul Planning Commission. On May 10, the Planning Commission denied two separate appeals of the staff-driven site plan approval.

The city council likely will take up the nonprofit’s latest appeal on June 5, and construction — which had been paused in April — has once again been halted until the council’s decision is made.

The opponents have predicted heavy traffic impacts and raised environmental concerns about carbon emissions and river run-off, though the Planning Commission pointed out that relocating hockey games from leased ice time at St. Thomas Academy in Mendota Heights would reduce driving for students, who are now required to live on campus their first two years.

Those environmental benefits could be offset, however, by suburban alumni and other visitors driving onto campus, according to residents.

Daniel Kennedy, an attorney who lives near the south campus, said in an email this week that the university’s entry into the National Collegiate Hockey Conference “will sharply increase attendance. … Several NCHC teams average greater than their respective seated capacities, meaning they routinely have standing-room-only crowds. Adding University of Minnesota-Duluth, St. Cloud State and North Dakota State to the schedule will surely pack the house.”

Setback requirements from the seminary in question

In their appeal, the Advocates for Responsible Development also have pointed to requirements embedded within the city’s conditional use permits governing construction on campus.

Those permits were published in 1990, 1995 and 2004, and taken together with the city’s zoning code and the state’s Mississippi River Corridor Critical Area regulations, have formed what some Planning Commission members have described as a complex series of overlapping goals and expectations for on-campus development.

The arena opponents maintain that the permits require at least a 50-foot construction setback from the university’s seminary property, and more likely 70 feet based on a formula that takes into account building heights.

Pointing to language in both the 1990 and 1995 permits, university officials said this week that no setback is required from the seminary’s property line as long as the two campuses continue as institutional uses and blend together, functioning as one campus.

Zoning code

The appeal notes, however, that the city zoning code surrounding setbacks for university construction are more stringent than the permits, meaning the university still needs to request a special zoning variance: “A conditional use permit is a vehicle to place limitations on an otherwise permitted use; it is not a vehicle to permit what would otherwise not be permitted.”

The permits also require that a loading drive that currently exists between Goodrich Avenue and the former Binz Refectory building must be removed, eliminating vehicular access from Goodrich to any of the university buildings on the south campus, if the refectory undergoes major remodeling work. “St. Thomas substantially remodeled the basement and first floor of the Binz Refectory in 2022-23, yet has not removed the drive from Goodrich Avenue to the Binz Refectory as required,” reads the appeal.

City planning staff have said the Goodrich Avenue question needs separate consideration and is not germane to the arena discussion.

The latest appeal to the city council is separate from a legal case before the Minnesota Court of Appeals, which argues that the city needs to conduct more rigorous environmental analysis than what was presented in the arena’s Environmental Assessment Worksheet last summer.

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Lynx’s Collier earns WNBA Western Conference Player of the Week

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Minnesota forward Napheesa Collier earned the WNBA Western Conference Player of the Week award on Tuesday, the fifth in her career.

Collier led the Lynx to two wins over Seattle to open the season, the team’s first 2-0 start since 2019. In the season opener, she had a double-double with 20 points and 12 rebounds, and in the second game, she added 17 points in the final 20 minutes as the team won in the second overtime. She averaged 24.5 points on 46.3% shooting over the week.

She leads the WNBA in steals and is fourth in scoring.

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