Justice Alito’s Flag Story Doesn’t Add Up

New must-read reporting from Jody Kantor in the NYT:

To better understand the clash, The Times interviewed Ms. Baden, her mother and her husband, as well as other neighbors, and reviewed the texts that Ms. Baden and her husband sent to friends after the episodes. Justice Alito, who did not respond to questions for this article, has in recent weeks given his own explanation of what happened.

There are some differences: For instance, the justice told Fox News that his wife hoisted the flag in response to Ms. Baden’s vulgar insult. A text message and the police call — corroborated by Fairfax County authorities — indicate, however, that the name-calling took place on Feb. 15, weeks after the inverted flag was taken down.

Justice Alito’s version of events was that the flag “was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs,” he said in a statement to The Times. Mrs. Alito, 70, who has never sought a public role, has not spoken out about the controversy.

The justice later elaborated in an interview with Fox News, saying that in January 2021 a neighbor on the block displayed a vulgar anti-Trump sign, near where children wait for the school bus. Mrs. Alito complained to the neighbor. “Things escalated and the neighbor put up a sign personally addressing Mrs. Alito and blaming her for the Jan 6th attacks,” tweeted the Fox News reporter who interviewed the justice.

While the Alitos were on a neighborhood walk, “there were words between Mrs. Alito and a male at the home with the sign,” the network reported. The justice said the man used “vulgar language, ‘including the C-word,’” After that exchange, “Mrs. Alito was distraught and hung the flag upside-down,” the Fox reporter relayed.

But in the Baden family’s version, the justice’s wife initiated the conflict. “Aside from putting up a sign, we did not begin or instigate any of these confrontations,” Ms. Baden said later….

On Jan. 17, the upside-down flag hung at the Alito household, according to a photograph obtained by The Times. Neighbors say it was up for a few days. If the flag was intended as a message for the Badens, whose home does not have a direct view of the Alito residence, they missed it, they said.

The inauguration of President Biden, held three days later, was attended by six Supreme Court justices. Justice Alito and two others skipped it out of concerns about Covid, a court spokeswoman said at the time. That day, Ms. Baden and her then-boyfriend decided to drive past the Alito home. “There was a part of me that’s like, let’s see what’s going on,” Ms. Baden said.

Mrs. Alito happened to be standing outside. According to interviews with Ms. Baden and her husband, as well as messages they sent to friends at the time, Mrs. Alito ran toward their car and yelled something they did not understand. The couple continued driving, they said, and as they passed the Alito home again to exit the cul-de-sac, Mrs. Alito appeared to spit toward the vehicle.

The couple, still shaken by the Capitol riot, said the encounter left them feeling uneasy and outmatched by the wife of someone so powerful.

The same day, a Washington Post reporter who had heard about the inverted flag arrived to ask about it. Mrs. Alito looked upset, yelled that the flag was a “signal of distress,” then shouted about a dispute with neighbors, according to an article published on Saturday.

The conflict then seemed to quiet down. But on Feb. 15, the couple were pulling in trash bins when the Alitos, who seemed to be on a stroll, appeared. Mrs. Alito addressed the pair by name, used an expletive and called them “fascists,” the couple told The Times and said in texts at the time. Justice Alito remained silent, they added. The Alitos began to walk away.

That was when Emily Baden snapped, she said. She does not remember her precise words, but recalls something like this: How dare you behave this way. You’ve been harassing us, over signs. You represent the highest court in the land. Shame on you.

Ms. Baden said that she — not her partner, as Justice Alito recalled — used the lewd expression. “I will fully cop to that,” she said. A neighbor standing in the street, who asked not to be identified because of the friction on the block, said he heard her say the word too.

To document the incident, the Badens called the police shortly afterward — they did not mention the vulgar expression — and recorded the conversation.

“It’s very hard for us to come into a situation like this after it’s already settled,” the officer on the line said, explaining that the matter didn’t warrant an immediate response. “Next time that happens, you’re welcome to call us back out there, we’ll see if we can get there to see what’s going on ourselves.”…

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