Justice Alito Faces Criticism for Call with Trump Amid High-Stakes Supreme Court Case
Supreme Court Justice Samuel Alito acknowledged speaking with President-elect Donald Trump on Tuesday, just a day before Trump filed an emergency motion with the Supreme Court to delay his sentencing in the New York hush-money case. The conversation, which Alito characterized as a reference check for a former law clerk, has drawn criticism for breaching judicial protocol.
Gabe Roth, executive director of the nonpartisan group Fix the Court, described the call as “an unmistakable breach of protocol.” He stated, “No person, no matter who they are, should engage in out-of-court communication with a judge or justice who’s considering that person’s case.”
A spokesperson for Trump did not immediately respond to requests for comment.
Carrie Severino, president of the conservative Judicial Crisis Network, defended Alito, calling the controversy a “manufactured ‘ethics’ scandal” and accusing critics of attempting to “smear” the justice.
Trump Seeks Delay in Sentencing
Trump’s attorneys are asking the Supreme Court to delay his sentencing on 34 felony counts tied to falsifying business records related to a hush-money payment to adult film actress Stormy Daniels. They argue that moving forward with sentencing during the presidential transition could cause significant disruption and would conflict with the Supreme Court’s earlier rulings on immunity for former presidents.
The court has not yet announced whether it will take up the case.
Alito’s Statement on the Call
In a public statement, Justice Alito confirmed the call with Trump, explaining it as a recommendation for William Levi, a former law clerk, to secure a position in the upcoming administration. Alito clarified, “I was not even aware at the time of our conversation that such an application would be filed.” He emphasized that no pending or future court matters were discussed.
Levi, who previously served as chief of staff to Attorney General Bill Barr during Trump’s first term, clerked for Alito from 2011 to 2012. While justices often recommend former clerks for high-profile roles, a direct call between a sitting justice and the president raises ethical questions, particularly when the president has active business before the court.
Alito’s Controversial History
This incident adds to the scrutiny surrounding Justice Alito. Last year, calls mounted for his recusal from cases involving Trump after flags associated with the January 6 Capitol riots were reportedly seen outside his homes. Alito clarified that the flags had been flown by his wife and dismissed the calls for recusal as unfounded.
Critics argue that this latest call further undermines public trust in the judiciary, particularly as the Supreme Court faces increasing demands for stronger ethical guidelines.
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