Alito’s upside-down flag claim dismantled by police, neighbors: report

After reporting that an upside-down American flag flew outside the residence of Supreme Court Justice Sam Alito around January 1. On December 6, 2021, the conservative justice blamed the placement of the flag on his wife Martha-Ann – saying her actions were the result of a confrontation over a neighbor’s anti-Trump sign and a verbal insult.

Today, Alito’s neighbors – Emily Baden and her then-boyfriend, now husband – dispute Alito’s version of events, according to the New York Times, which reviewed text messages and a police call to corroborate the claims. According to the Badens, Martha-Ann instigated the weeks-long conflict and, at one point, spat on their car as they drove past the Alito house.

According to Times, the couple placed signs in their yard reading “Trump is a fascist” and “You are complicit” shortly after the January attacks. 6 insurrection. Emily told the publication that the second sign was not directed at the judge and his wife, but at Republicans in general. The signs were quickly removed by Emily’s mother for safety reasons.

Although it is not confirmed whether Martha-Ann saw the signs, the couple said that as they parked their car in front of their house, the judge’s wife stopped and looked at them. In January. On Jan. 17 of that year, according to a photo obtained by The Times, the toppled flag was seen outside Alito’s home, where neighbors said it had remained for a few days.

Three days later, after President Joe Biden’s inauguration, the couple walked past the Alito House. According to the couple and messages they sent at the time, Martha-Ann ran to their car, shouted something unintelligible, and as they drove back past the Alitos’ residence to get out of the house. impasse, she appeared to spit on their car.

Speaking to a Washington Post reporter (according to an article published last week) that same day, Martha-Ann shouted that the flag was “an international distress signal.”

Then in February. On December 15, 2021, while the couple was pulling out the trash, Martha-Ann approached them, used an expletive and called them “fascists,” according to the Badens and texts they sent to the ‘era.

In response, Emily said she used a lewd expression and said something like: “How dare you behave that way.” You’re harassing us because of the signs. You represent the highest court in the land. Shame on you.” The report contradicts Justice Alito’s assertion that his wife hung the flag after insults were thrown.

The Badens called the police after the incident, recording the conversation, which the Times Confirmed with Fairfax County authorities.


Last week, the New York Times reported that another flag being waved by many Jan. Six insurrectionists who stormed the U.S. Capitol were seen outside the Alitos’ New Jersey beach house last year. The “Call to Heaven” flag, also known as the Pine Flag, was seen near their residence on Long Beach Island during the summer months of 2023. Associated with a militant branch of Christian nationalism, it was used as a battle flag by many rioters. in January. 6 Seeking to prevent the peaceful transfer of power to President Biden and keep Donald Trump in power.

Several senators have called on Justice Alito to recuse himself from cases related to the 2020 election and the Capitol insurrection. “This incident is yet another example of apparent ethical misconduct by a sitting judge, and it adds to the Court’s current ethical crisis,” said Senate Judiciary Chairman Sen. . Dick Durbin (D–Illinois) said in a statement. “For the sake of our country and the Court, Justice Alito must immediately recuse himself from cases related to the 2020 election and the January 6 insurrection. »

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