"At best, he's mistaken, but at worst he's just outright lying," Emily Baden told CNN's Erin Burnett on OutFront.

Baden said the verbal exchange with Alito's wife, Martha-Ann Alito, that the justice claimed was the reason for his wife flying the upside-down flag—associated with supporters of former president Donald Trump's baseless claims that the 2020 election was stolen from him—occurred in the middle of February 2021.