Upside-down flag flew at Justice Alito’s house on January 6

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The Scheme 32: Alito’s MAGA Battle Flags
by Senator Sheldon Whitehouse
Jun 3, 2024

Senator Sheldon Whitehouse (D-RI), Chairman of the Senate Judiciary Courts Subcommittee, delivers the thirty-second in a series of speeches titled “The Scheme,” exposing the machinations by right-wing donor interests to capture the Supreme Court and achieve through the Court what they cannot through the elected branches of government.

Whitehouse discusses the ethics violations related to Supreme Court Justice Samuel Alito’s MAGA battle flags that flew at two of his homes, and Chief Justice Roberts’s refusal to take action as Chief Justice and Chair of the Judicial Conference to address the Court’s ongoing ethics crisis.



Transcript

MR. WHITEHOUSE: I ASK THAT THE
QUORUM CALL BE VITIATED.
THE PRESIDING OFFICER: WITHOUT
OBJECTION.
MR. WHITEHOUSE: THANK YOU VERY
MUCH.
AS THE PRESIDING OFFICER KNOWS,
I HAVE COME REGULARLY TO THE
FLOOR TO DISCUSS MULTIPLE
ASPECTS OF THE SCHEME RUN BY A
BUNCH OF RIGHT-WING BILLIONAIRES
TO CAPTURE AND CONTROL THE
SUPREME COURT AND HOW THAT HAS
COME TO AFFECT SO MANY
AMERICANS' LIVES.
WELL, IN CASE THERE WERE NOT
ENOUGH ETHICS PROBLEMS ALREADY
AT THE SUPREME COURT AFTER THE
BILLIONAIRE GIFTS PROGRAM FOR
CERTAIN JUSTICES GAVE THEM
LUXURIOUS FREE UNDISCLOSED FREE
TRAVEL GIFTS AROUND THE WORLD,
PAID FOR HOMES FOR PARENTS,
EDUCATION FOR DEPENDENTS, AND
EVEN AN EXPENSIVE MOTORCOACH
THAT APPEARS TO HAVE NEVER HAD
THE PRINCIPAL REPAID.
NOW WE KNOW THAT MAGA BATTLE
FLAGS WERE FLOWN OVER THE ALITO
RESIDENCES.
WE DON'T KNOW ALL THE FACTS OF
WHAT HAPPENED.
WE DO KNOW THAT ALITO'S VERSION
OF EVENTS DIFFERS FROM
CORROBORATED STATEMENTS OF OTHER
WPSS TO -- WITNESSES TO THOSE
EVENTS.
AND FOR SURE WE KNOW THAT PEOPLE
NEED TO BE ABLE TO TRUST THAT
JUDGES MAINTAIN THE HIGHEST
STANDARDS OF IMPARTIALITY, WHICH
INCLUDES AVOIDING EVEN THE
APPEARANCE OF BIAS.
AND SAY WHAT YOU WILL ABOUT THE
EXCUSES AND THE REASONS FOR
FLYING MAGA BATTLE FLAGS OVER
THE HOUSE OF A SUPREME COURT
JUSTICE, YOU CANNOT SAY THAT
THOSE FLAGS DID NOT APPEAR.
YOU CANNOT SAY THAT THEY DID NOT
CREATE AN APPEARANCE THAT TO A
REASONABLE PERSON WOULD RAISE
SERIOUS QUESTIONS ABOUT WHETHER
THAT JUSTICE FLYING MAGA BATTLE
FLAGS OVER HIS HOME HAD A BIAS,
PARTICULARLY WITH RESPECT TO
CASES ARISING OUT OF THE JANUARY
6 MAGA INSURRECTION.
WHATEVER THOSE FACT DIFFERENCES
ARE, THEY ARE IMPORTANT TO TRY
TO GET TO THE BOTTOM OF, AND THE
PROBLEM IS IT'S HARD TO GET
THOSE FACT DIFFERENCES RESOLVED
BECAUSE ALONE IN THE ENTIRE
FEDERAL GOVERNMENT, ALONE,
SUPREME COURT JUSTICES ARE
SUBJECT TO NO FACTFINDING
PROCESS.
IF THE PRESIDING OFFICER OR ME
THE R- OR THE MINORITY LEADER OR
MAJORITY LEADER OR ME WERE
SUBJECT TO ETHICS COMPLAINTS,
THE ETHICS COMMITTEE HAS THE
ABILITY TO DO FACTFINDING AND
EVEN TO TAKE STATEMENTS.
IT'S TRUE OVER IN THE HOUSE.
EVEN THE POWERFUL SPEAKER OF THE
HOUSE CAN BE SUBJECT TO
SANCTION, CAN BE SUBJECT TO
INVESTIGATION AND TO HAVE TO
MAKE STATEMENTS.
HECK, PRESIDENT BIDEN SAT FOR AN
OFFICIAL INTERVIEW ABOUT THE
DOCUMENTS IN HIS GARAGE.
BUT THE JUSTICES, AND ONLY THE
NINE JUSTICES, ARE PROTECTED
EVEN FROM ANY FACTFINDING, THE
MOST RUDEMENT RI FOUNDATION OF
LEGAL PROCESS.
THE SUPREME COURT IS SUPPOSED TO
DEFEND THE INTEGRITY OF LEGAL
PROCESS IN THIS COUNTRY AND WHAT
THEY DO IS THEY EXEMPT
THEMSELVES FROM ITS MOST RUDE
MEANTRY PILLAR.
OBVIOUSLY THIS IS ALL PART OF A
LONG STRING OF PROBLEMATIC
BEHAVIOR THAT HAS COME TO THE
PUBLIC'S ATTENTION, NONE OF
WHICH HAS RECEIVED ADEQUATE
FACTFINDING OVER AT THE COURT.
SO FOR SURE THESE FAR RIGHT
JUSTICES HAVE DEMONSTRATED THAT
THEY NEED TO BE SUBJECT TO AN
ENFORCEABLE ETHICS CODE.
REMEMBER THE ROUTINE THEY'VE
BEEN ON, FIRST, IT'S DON'T
BOTHER US, NOBODY'S CONCERNED.
THEN IT WAS, OH, ALL RIGHT,
WE'RE GOING TO HAVE THIS ETHICS
STATEMENT THAT WE'RE GOING TO
PUT OUT ABOUT OUR ETHICS AND
THEN IT WAS OKAY, OKAY, WE'LL DO
AN ETHICS CODE.
WE'LL PLAY BY THE RULE OF
BASEBALL EXCEPT FOR THE PART OF
UMPIRES.
WE'LL HAVE AN ETHICS CODE AND
WE'LL GET TO CALL OUR OWN BALLS
AND STRIKES AND THERE WILL BE NO
DISPUTE BECAUSE THERE WILL BE NO
FACTFINDING DONE.
WE ALSO KNOW THAT THE JUSTICES
WON'T TALK TO US ABOUT THEIR
PROBLEMS.
ROBERTS DECLINED A MEETING.
ALITO SENT US A LETTER EXPANDING
ON HIS CHALLENGED VERSION OF
EVENTS, BUT HIS CORRESPONDENCE
IS NOT SUBJECT TO THE VOE R
VERACITY OF FALSEHOODS OR
OMISSIONS.
AGAIN, MAKING MATTERS WORSE,
ALITO'S STORY ACCOUNTS WITH
OTHER REPORTS AND THE SUPREME
COURT AND NO OTHER GOVERNMENT
HAS A MEKISM FOR GETTING TO THE
TRUTH.
IF THE COURT WON'T CREATE ONE
THEN WE NEED TO AND MY SUPREME
COURT ETHICS BILL WOULD DO JUST
THAT.
EVERY INVESTIGATOR KNOWS THAT
YOU HAVE TO TAKE A PROPER
STATEMENT TO GET TO THE TRUTH.
THE SUPREME COURT ITSELF TOOK
STATEMENTS FROM EMPLOYEES WHEN
IT WAS INVESTIGATING THE
ALITO-DOBBS DRAFT OPINION LEAK.
BUT NO MATTER WHAT THE
CIRCUMSTANCES, NO MATTER HOW BAD
IT GETS, NO FACTFINDING PROCESS
APPLIES TO THE NINE JUSTICES.
JUST THEM.
EVERYBODY ELSE IN GOVERNMENT IS
SUBJECT TO SOME FACTFINDING
PROCESS, NOT THEM.
THAT CAN BE FIXED.
NOWHERE IS THE SUPREME COURT
FORBIDDEN TO HAVE AN INBOX FOR
ETHICS COMPLAINTS.
NOWHERE IS THE SUPREME COURT
FORBIDDEN TO HIRE CLERICAL STAFF
TO SORT OUT NUTTY FROM
LEGITIMATE ETHICS COMPLAINTS.
NOWHERE IS THE COURT FORBIDDEN
TO HIRE STAFF ATTORNEYS TO LOOK
INTO THE LEGITIMATE ETHICS
COMPLAINTS AND DO A LITTLE
INVESTIGATING.
NOWHERE IS THE COURT FORBIDDEN
TO ALLOW STAFF ATTORNEYS TO
INTERVIEW JUSTICES TO HELP
DETERMINE WHAT THE FACTS ARE.
I'M SORRY, SIR.
THIS SHOULD TAKE LESS THAN AN
HOUR, BUT I NEED TO GO THROUGH
THE EVENTS IN THIS COMPLAINT AND
GET YOUR STATEMENT OF WHAT THE
FACTS ARE HERE.
THAT'S NOT HARD.
AND NOWHERE IS THE COURT
FORBIDDEN FROM ALLOWING, FOR
INSTANCE, A PANEL OF SENIOR
RESPECTED FEDERAL CHIEF JUDGES
WHO ADMINISTER THE ETHICS CODE
IN THEIR OWN CIRCUITS TO COMPARE
WHAT THE JUSTICES DID, WHAT THE
FACTFINDING INVESTIGATION
REVEALED WITH WHAT THOSE CHIEF
JUDGES WOULD ALLOW IN THEIR
CIRCUITS.
AND THEN MAKE THAT COMPARISON
PUBLIC.
NONE OF THAT OFFENDS THE
SEPARATION OF POWERS.
IT WOULD BE ALL RUN WITHIN THE
JUDICIAL BRANCH AND EVEN WITHOUT
ANY ACTUAL DISCIPLINARY
PUNISHMENT, THE REBUKE OF A
SUPREME COURT JUSTICE BEING TOLD
THAT THEIR CONDUCT WOULDN'T FLY
IN OTHER FEDERAL COURTS WOULD BE
A POWERFUL CORRECTIVE AND
DETERRENT.
THERE'S AN OLD SAYING THAT THE
BEST WAY TO SHOW ONE STICK IS
CROOKED IS TO LAY A STRAIGHT
STICK DOWN NEXT TO IT.
A PANEL OF SENIOR AND RESPECTED
CHIEF JUDGES COULD PROVIDE THAT
STRAIGHT STICK.
EVEN ON AN ADVISORY BASIS, THE
STRAIGHT STICK WOULD BE VALUABLE
AND WE ARE GOING TO CONTINUE
WORKING BOTH ON THE JUDICIARY
AND FINANCE COMMITTEES TO GET TO
THE BOTTOM OF THE MISCHIEF AT THE COURT

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'At worst he's outright lying': Alito ex-neighbor at center of flag dispute speaks out
by Eric Burnett
CNN
Jun 5, 2024 #CNN #news

CNN's Erin Burnett speaks with Emily Baden, the former neighbor of Supreme Court Justice Samuel Alito, about their dispute that Alito says led his wife, Martha-Ann Alito, to hoist controversial flags in response to her exchange with Baden. #CNN #news



Transcript

Thanks so much, Emily, for
taking the time
and coming out to talk about this.
I know it's
not something
you really expected to ever have to do,
but I want to start with
the dispute itself
with Martha and Alito, Justice
Alito's wife.
I know it
began after the 20, 20 election
over yard signs
that you had placed at your mother's home
where you were living at the time.
Can you start off by
just explaining to me
what those
those first yard signs you put out said
Yes.
And Aaron,
thank you so much for having me today.
My first yard sign that I put up
was an anti-Trump sign.
It said F Trump
in glitter cursive letters.
And, you know, it was just as like
a message to the world that
I see Trump as a danger to our democracy.
And I see him
as a self-proclaimed fascist.
Like he said, he wanted to be a dictator.
On day one of his presidency.
And so I just use my small influence
in my small corner of the world to just,
you know, broadcast my views like that.
All right.
So you put the f trump sign out
in glitter. And Mrs.
Alito
responds right so tell me about that.
What she how she reacted
Yeah.
So there were a handful of times that we
somewhat interacted, like,
not actually speaking, but,
you know,
she kind of stopped in front of the house
and gave us a long glare.
And I just want to emphasize
that the interaction
that happened on February 15th
is the one that
they're using as an excuse
for why they flew the flag.
And I really want to hammer home
the fact that that happened
on February 15th.
And their flag went up
two or three weeks before that.
So even if it were a valid excuse
that they were having a dispute
with a neighbor
and that made them put the flag up,
the that timeline just disproves it.
It just doesn't make sense.
No, it doesn't.
And I want to
I want to go to that in in detail.
But but first, just the very basic.
When you put up the F Trump sign
and she walks by and she glares.
Did you really?
Had you ever talked to her before?
Did you realize that this was Mary?
This was Martha and Alito?
Yeah.
So when I moved back to
the area in 20, 20,
I did know that the Alito's lived
in the neighborhood.
I didn't know which house.
I didn't know what they looked like.
And so it didn't take me
long, though,
to put two and two together.
And to realize
when she's standing outside.
So you realize
that she's upset about this.
So then when January six happens,
I my understanding
is and correct me if I'm wrong here,
because I'm try to make sure
I have all the timeline right as well.
But you then added a yard sign
Trump is a fascist, which just indicated
you feel that way.
And you are complicit.
And I want to ask you
about those specifically
because Justice Alito
says that those specific signs
you are fascist
and I'm sorry, Trump is a fascist
and you are complicit
were, quote, directed at his wife,
were they?
Yeah.
No, no.
So January 6th was a dark day
for our democracy.
And I think people of all ideologies
feel that way.
We all saw this direct
threat to our democracy.
And it was chilling.
And so my putting up a sign
that says Trump is a fascist
because I believe that he's
a self-proclaimed fascist
and you are complicit.
You include everyone.
It includes
everybody in the GOP
who you know, endorsed this or didn't
say anything against it or
Trump himself
who said, you know, stand by and
just it's to everyone.
And I
also think it's to,
you know,
people on on my side of the spectrum,
it's like,
what are we really doing
to hold these people accountable
for this attempted coup and insurrection?
Like, we need to do more, I feel like.
And so, okay,
so now let me get to the Upside-Down
American flag
because and to go through this
in a bit of detail,
because I think here is where
your point
about what he is alleging happened
here does not comport with the timeline
so the flag is flying.
Justice Alito says his wife flew it
because she was, quote,
greatly distressed
by her disputes with you.
And in a letter
to explaining his motivation
to put up the flag,
he says, and I quote him again,
Emily, a house on the street
displayed a sign
attacking her personally.
I guess that's the you are complicit or,
you know,
that you were just talking about,
but that you say was not directed at her.
And a man who was living in the house
at the time
trailed her all the way down the street
and berated her in my presence
using foul language,
including what I regard
as the vilest epithet
that can be addressed to a woman,
which is the key word.
Now, let me just break this down, animal.
You say it was you who said those things.
It was not your now husband.
But you say Alito is lying here
for another very basic reason.
Can you explain
So
I am at best
he's mistaken,
but at worst, he's just outright lying.
And there was a neighbor
who even who even witnessed this
and witnessed me using that
unfortunate term.
And what else I said in that interaction
is so important
and I hope it's not getting forgotten
in the discourse around the word.
In that interaction,
she approached us, started screaming
at us, used all of our full names,
which to me felt like a threat.
Because you're a stranger.
We don't know you.
You don't know us.
How do you know our full names?
And I just
I started yelling, How dare you?
Because they both were there
at the same time.
I said, How dare you?
You're on the highest court in the land.
You represent the Supreme Court
of the United States.
You're behaving this way.
You're yelling at a neighbor.
You're harassing us.
How dare you? Shame on you.
And I
did use the the word so
if that in any way, you know, distracts
from that real message,
I do regret using the word
because the message is important.
It's like
the power imbalance between
these people and me.
I am.
I'm nobody to them. So.
And the fact they took umbrage with with
my sign is telling enough.
It shows like a bias.
So, I mean.
Well, I mean, I want to talk about that.
But just to be very clear
on the timing, he's
saying that that she put up the flag
because you said those things.
But when we look at that was actually
you called 911 on that day.
There's actually a police report
about that incident.
And that shows
that the timing doesn't work. Right.
The flag was up
before the flag picture
that exactly why was was was weeks before
that incident actually happened
where you called
where you calling for that work?
So what he's saying
here, you're saying it
best mistaken,
but it certainly is just it's
categorically by the date, it's not true.
Right.
She didn't put the
flag up for that reason.
Absolutely.
100%.
And that's
what I want to really drive
home to people,
is that this happened on February 15th.
And we know that
because they had been harassing
us so long that we were like,
we need a paper trail of this.
Like we better call the cops right now.
You know, like I said,
these are federally protected people.
They have security detail.
They represent the judicial system.
They are the law.
And I am just a regular person.
And so it's,
you know,
yeah, we call the cops that day.
It was February 15th
and I think the photo of the flag
was on January 17th.
Yes.
So so that the timing doesn't add up.
I do think it's important, Emily,
just to emphasize here that
this is happening between
you, your husband, your
your household and
a Supreme Court justice and his wife.
And a police report is called.
I mean, it is pretty stunning.
Just even think about that.
Can I just ask you about your interaction
with him? He's there.
He says this happened in his presence.
Was this altercation
where you're saying
she was screaming at you
with your full name
and you responded with the the C word.
What did he do?
What did he say?
He didn't say anything.
And I find that very telling because
I feel like in any other situation,
somebody would step in.
If they see somebody
like accosting someone like that
and they would say, hey,
you know, ease up a little bit.
Let's let's go.
Let's walk down the street.
He didn't do anything.
He just kept walking
and basically disappeared.
Never said a word.
I mean.
So I want to ask you about
one other thing.
Around this time,
the Alito security detail
started doing something
that you perceived as threatening.
They have a security detail
and something specific happened.
What was it? Yeah.
So they have a security detail
that parks in front of their house
or like in front of the house
across the street from them.
We are four or five houses away.
And sometimes
that detail would be
in front of our house, which,
you know, obviously,
I can't say for sure.
I don't know what their motivation was,
but we did take it as intimidating,
especially when that same car reappeared
in front of our house
the day the New York Times
article came out.
And I don't know what else we're
supposed to get from that,
but you certainly felt you
certainly felt threatened.
And let me let me just ask you, Emily,
you know,
you're talking before this,
and I think I don't want to say anything
inappropriate,
but I know you were nervous to talk.
You were
you thought about this long
and hard to decide
whether you
thought it was worthwhile to speak out.
Why do you think it is so important
that you tell this story
I think it is monumentally important.
I think our democracy is fragile.
And we learned that on January 6th and
we see it all the time
with people like Trump
who say they want to be a dictator.
These are serious, serious things.
And I just want people, regular people
like myself
to understand that we live in a democracy
and we don't have to
we don't have to watch our democracy
become a dictatorship.
Or a fascist, you know,
Christian nationalist society.
Like, we need to pay attention.
We need to stand up organize and resist.
All right.
Well, Emily,
I appreciate your time
and thank you so much for talking to me.
It's really my pleasure.
Thank you so, so much.