In two letters to Congress, Supreme Court Justice Samuel Alito flat out refused to recuse himself from cases tied to the events of Jan. 6 and Donald Trump, despite the buzz about two controversial flags flying at his homes.
Alito's wife, Martha-Ann, stoked controversy after The New York Times revealed an upside-down American flag flew at the Alitos' Northern Virginia residence shortly after the Jan. 6 Capitol riot.
The associate justice told Fox News' Shannon Bream the display came about in frustration because a liberal neighbor called his wife a “c**t” after she asked him to take down a sign that said “F**k Trump” near a school bus route and that it had nothing to do with the Capitol riot.
“Things escalated and the neighbor put up a sign personally addressing Mrs. Alito and blaming her for the Jan 6th attacks,” Bream said, relaying Alito's version of events.
The opposing couple, the Badens, claimed to The New York Times on Tuesday that they were the ones being harassed by Martha-Ann. Emily Baden's 36-year-old boyfriend, now husband, called the Fairfax County Police Department on Feb. 15, 2021, and said that “Somebody in a position of authority needs to talk to her and make her stop.” The officer on the other end of the line said there was nothing they could do, as yelling isn't a crime:
The couple placed the call after a series of encounters with Martha-Ann Alito, wife of Justice Samuel A. Alito Jr., that had gone from uneasy to ugly. That day, Emily Baden, whose boyfriend (now husband) contacted the police, had traded accusations with Mrs. Alito, who lived down the street. In a recent interview, Ms. Baden admitted to calling her a lewd epithet.
The clash between the wife of a conservative Supreme Court justice and the couple, who were in their 30s, liberal and proud of it, played out over months on a bucolic block in Alexandria. It was the kind of shouting match among private citizens, at the height of tensions over the 2020 election, that might have happened in any mixed political community in America. But three years later, that neighborhood spat — which both sides said began over an anti-Trump sign — has taken on far greater proportions.
The Times reported this month that Justice Alito's household flew an upside-down flag, which had been adopted as a symbol of the “Stop the Steal” campaign, in January 2021. The justice, who did not participate in the contentious neighborhood exchanges, cited the dispute as the reason his wife had raised the flag.
The conflict in the Virginia neighborhood does not explain why a second flag associated with the Jan. 6 riot, as well as with a Christian nationalist movement, later flew at the Alitos' New Jersey beach house. The justice has offered no explanation for that flag, which The Times reported on last week.
Justice Alito is still not responding to additional requests for comment.
In the Baden family's account, the conflict with the justice's wife didn't have anything to do with her upside-down American flag. Apart from putting up a sign “we did not begin or instigate any of these confrontations,” said Emily Baden, referring to the derogatory anti-Trump sign.
In the weeks following the election, Emily Baden ran into Mary-Ann, who thanked her for taking down the sign. Emily clarified that the sign had merely blown down.
After the events of Jan. 6, the couple displayed new signs in their yard: “Trump Is a Fascist” and “You Are Complicit.” In an interview, Emily clarified that the second message was not specifically aimed at the Alitos, but rather at Republicans in general, especially those who did not denounce the breach of the Capitol during the electoral college vote count.
Shortly afterward, Emily's mother took down the signs due to safety concerns. The next day, the couple claimed that Mary-Ann lingered in her car in front of their home, glaring at them as they got out of their vehicle. On the day of the inauguration, the couple decided to drive by the Alito home and alleged that they saw Ms. Alito move toward their vehicle, yell something indistinct and spit in their direction. The encounter with the wife of someone so powerful left them shaken, they claimed.
This is a breaking news story. Please check back for updates.
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