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Former neighbor criticizes Alito over controversy regarding inverted American flag.

A previous neighbor of Supreme Court Justice Samuel Alito challenged his narration of a neighborhood disagreement over a contention involving an inverted American flag placed on his property in Virginia, asserting that the justice's chronology of events is inaccurate.

Emily Baden, a former neighbor of Justice Samuel Alito, appears on CNN on Wednesday, June 5.
Emily Baden, a former neighbor of Justice Samuel Alito, appears on CNN on Wednesday, June 5.

Former neighbor criticizes Alito over controversy regarding inverted American flag.

"In her first television interview since the flag story became a hot topic, Emily Baden spoke to Erin Burnett on 'OutFront,' saying, 'He's either wrong or he's lying.' Even if there was a disagreement with a neighbor that led to putting up the flags, the timeframe refutes that," Baden stated. She continued, "It doesn't make sense."

Baden has become a key player in the ongoing controversy surrounding two flags on Alito's properties. The first was an inverted US flag at his Virginia home in early 2021, and the second was an 'Appeal to Heaven' flag in New Jersey last summer. Alito has said the flag incident in Virginia was due to a nasty neighborhood dispute, which allegedly involved Baden.

Alito claimed that his wife, Martha-Ann Alito, raised the flag in response to a confrontation with Baden, where she allegedly called her a derogatory term. However, Baden claimed this never happened until mid-February, while the flag was already raised. It came to the public's attention when the New York Times published a photo showing the inverted American flag flying weeks earlier, on January 17, 2021.

CNN acquired records showing that Baden's ex-boyfriend contacted police on February 15, 2021, reporting Martha-Ann Alito's 'unprompted' harassment. The caller mentioned their lawn signs critical of former President Trump as the basis for the confrontations.

During her interview, Baden vividly recalled the incident and mentioned that she regrets using the profanity if it overshadows the real message. One of the signs she placed on her lawn read, 'You are complicit.'

Alito stated that some of the neighborhood signs were directed at his wife. Baden clarified that the sign was not meant for either of the Alitos.

The 'Appeal to Heaven' flag, an emblem with a historical connection to the Revolutionary War, has also been used by Trump supporters. Both the 'Appeal to Heaven' flag and the inverted US flags were displayed during the January 6, 2021, attack on the US Capitol.

Criticism from Democratic and certain Republican lawmakers has been growing. Several Democrats have urged Alito to recuse himself from cases related to the attack on the Capitol.

In a unique move, Alito responded later in June by telling Congress that he had no connection to the flags and that they were not intended to convey support for Trump or the Capitol attack. He denied recusing himself, stating that his wife had the decision to put up the flags.

"My wife likes to fly flags," Alito said. "I don't."

The Supreme Court is dealing with significant cases tied to the 2020 election and the Capitol attack. In one, they are determining Trump's claim of absolute immunity against the special counsel's election subversion allegations. In another, a January 6 rioter is challenging an obstruction charge filed against him by prosecutors, arguing that the law was supposed to apply to people destroying evidence, not to those who storm government buildings.

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Baden further emphasized her disagreement with Alito's explanations, stating, "His version of events simply does not add up." Regarding the second flag incident, Baden expressed, "The timing of the 'Appeal to Heaven' flag raises even more questions about Alito's account."

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