Alito Does Not Take Part In Supreme Court Decision Regarding Trump
The Supreme Court on Monday quietly disposed of yet another long-shot legal attack against President Donald J. Trump, this time noting that Justice Samuel Alito did not take part in the Court’s consideration of the matter.
In the case MACTRUONG, DMT v. Trump, President of U.S., et al., the justices dismissed a petition for certiorari after determining the filing did not merit further review. The order specifically stated that Alito took “no part” in handling the petition, though—consistent with Court practice—no reason for the recusal was provided.
The petitioner, DMT MacTruong, is known for a long history of eccentric and frequently outlandish lawsuits, often couched in sweeping allegations of constitutional violations, abuses of power, and even intellectual property conspiracies. In this latest attempt, he accused President Trump and Vice President JD Vance of “egregious abuse of power, commission of high crimes, misdemeanors, [and] treason,” demanding the Supreme Court somehow “impeach and remove” the duly elected leaders from office.
The Court dismissed the petition outright. Justice Alito’s non-participation was noted but went unexplained—standard procedure when a justice steps aside from a case that presents no substantial legal question.
This minor filing arrives as Justice Alito remains under political scrutiny from the left, which has sought to pressure him into bowing out of major cases involving President Trump and issues tied to the events of Jan. 6, 2021. Progressive activists and Democrat lawmakers have floated recusal demands in an effort to influence the Court’s handling of several nationally significant cases.
Their criticism intensified after media outlets reported that an inverted American flag briefly flew outside Alito’s home on January 17, 2021—a symbol that some commentators linked to disputes surrounding the 2020 election. In his written communications to Congress, Alito made clear he had no role in displaying the inverted flag, nor an “Appeal to Heaven” flag that was later flown outside his property, and he reaffirmed that neither incident triggered any requirement for recusal under existing Supreme Court ethics standards.
The plaintiff in this dismissed lawsuit also made several unusual personal claims—including that he personally shielded Trump from impeachment during the former president’s first term.
“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 insisted.
“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.
MacTruong further alleged—without evidence—that President Trump conspired against him as part of a supposed political agenda. His broader litigation history includes filings referencing aliens, metaphysical theories, and other unconventional assertions, many of which have targeted Trump or other public figures.
The Court denied the plaintiff’s request to proceed in forma pauperis, blocking him from bypassing filing fees, and dismissed the case under Rule 39.8—typically applied to repetitive or frivolous filings.
According to the official Supreme Court order, “Justice Alito took no part in the consideration or decision of this motion and this petition.”
The ruling added: “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.”
With the petition dismissed, the matter is fully closed, and no further proceedings will occur. Alito’s choice not to participate in this marginal filing underscores the routine nature of recusals in low-impact cases—standing in stark contrast to his continued involvement in the major, high-stakes constitutional disputes now shaping President Trump’s second term.