Supreme Court Justice Samuel Alito confirmed that he spoke with President-elect Donald Trump regarding a former law clerk, just a day prior to Trump seeking to postpone his sentencing in a hush-money case in New York. Alito revealed this information during a statement on Wednesday. The discussion took place on Tuesday afternoon, initiated at the request of Alito’s former law clerk, William Levi, who was seeking a recommendation for a position in the incoming administration. Alito clarified that their conversation did not touch upon the emergency motion or any other legal issues pertaining to the court.
Alito expressed that he was unaware during their conversation that such an application was going to be submitted. Furthermore, the justice indicated that their exchange did not involve any topics that could potentially come before the court in the future. It is common for justices to recommend their former clerks for prestigious roles in the government and legal sectors; however, a direct conversation with a sitting president appears to be an atypical occurrence, especially considering Trump currently has cases pending before the Supreme Court.
Levi previously held a position in the Justice Department while Trump was president, serving as chief of staff to then-Attorney General Bill Barr. He was also a clerk for Alito from 2011 to 2012. Gabe Roth, the executive director of the nonpartisan organization Fix the Court, criticized the conversation as a clear violation of judicial protocols, stating that no individual should engage in discussions with a judge or justice regarding matters under consideration.
A representative for Trump did not respond immediately to inquiries for comments on the matter. In contrast, Carrie Severino, president of the Judicial Crisis Network, a conservative advocacy group that supports Trump’s judicial appointees, suggested through social media that the call was a simple reference request that has been exaggerated to form an “ethics” scandal to discredit the justice.
Trump’s legal team is working to persuade the Supreme Court to delay his sentencing on 34 felony counts related to falsifying business records in connection to a payment made to adult film actress Stormy Daniels. Trump has consistently denied any wrongdoing associated with these charges. His attorneys argue that proceeding with sentencing could interfere with the presidential transition and also infringe upon the Supreme Court’s prior ruling regarding the immunity of former presidents in a separate case involving Trump. The Supreme Court has yet to respond to this request.
In the previous year, Alito faced demands to recuse himself from two significant Trump-related cases after it was disclosed that flags related to Trump supporters who invaded the U.S. Capitol on January 6, 2021, had been seen outside his residences. Alito stated that the flags were flown by his wife and he dismissed the calls for him to step down from these cases. The details of Alito’s Tuesday call with Trump were first brought to light by ABC News.
