Alito spoke with Trump before president-elect asked Supreme Court to delay his sentencing
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Supreme Court Justice Samuel Alito confirmed he spoke with President-elect Donald Trump earlier this week regarding a former law clerk’s qualifications for a position in the incoming administration. However, Alito clarified that the conversation did not involve Trump’s ongoing effort to delay his sentencing for the New York hush money case, which was set for Friday.
In a statement issued on Wednesday, Alito explained that William Levi, one of his former law clerks, asked the justice to take a call from Trump about Levi’s potential qualifications for a government role. Alito agreed and spoke with Trump on Tuesday afternoon, the day before Trump filed an emergency appeal seeking to delay his sentencing. Alito made it clear that their conversation did not touch on Trump’s legal case or any related matters, including the emergency application that Trump filed the following morning.
“I was not aware at the time of our conversation that such an application would be filed, and we did not discuss any other matters that are pending or might come before the Supreme Court,” Alito said in his statement. “We also did not discuss any past Supreme Court decisions involving the President-elect.”
The call between Alito and Trump came just one day before Trump filed an appeal to delay his sentencing, which could have implications for his legal standing in the coming days. Alito, a conservative member of the Supreme Court, has faced significant criticism in the past, especially regarding ethics concerns raised by some members of Congress and legal experts. The conversation with Trump, although focused on a job recommendation, has drawn attention, as the justices typically avoid making public statements regarding pending cases or directly engaging with individuals involved in legal proceedings before the Court.
Ethics experts have warned that the conversation might raise questions about the independence of the Court, especially in light of the growing scrutiny of its relationship with Trump. During his first term, Trump appointed three justices to the Supreme Court, contributing to the Court’s conservative majority. These appointments have led to several highly contentious rulings where the Court’s six conservative justices and three liberal justices have often voted along ideological lines, with some opinions drawing criticism from political observers.
Critics argue that the phone call could be perceived as an effort by Trump to influence a key figure in the judicial system just as his legal case is set to be heard. Gabe Roth, the executive director of the nonprofit advocacy group Fix the Court, said that although Levi’s credentials are indisputable, the call seemed to be an opportunity for Trump to speak with one of the justices who may soon review cases involving him.
“No one is questioning Levi’s credentials, which are as good as can be,” Roth stated. “The call was merely an excuse for Trump to speak with one of the nine people determining the fate of his hush money sentencing in the coming days and who will review many more Trump-related issues over the next four years.”
Levi, who clerked for Alito in the 2011 term, has held several prominent positions in government. He previously served as chief of staff to Attorney General William Barr during Trump’s first term and worked as chief counsel to Senator Mike Lee, a Republican from Utah. Levi did not immediately respond to requests for comment on the matter.
The conversation between Alito and Trump has prompted some to question whether the justices are maintaining the appropriate ethical distance from the political sphere. Members of Congress, especially Democrats, have called for greater scrutiny of the Court’s actions and potential conflicts of interest, particularly given the increasing political tensions surrounding the Court’s recent decisions.
Trump’s efforts to delay his sentencing are part of a larger legal battle surrounding his involvement in a hush money payment to adult film actress Stormy Daniels, which took place during the 2016 presidential campaign. Trump’s legal team has filed an emergency appeal, but experts suggest that the Supreme Court is unlikely to intervene in this case, especially with Trump still facing ongoing proceedings in New York.
Representative Tony Gonzales, a Republican from Texas, defended the call, saying there was no problem with Trump and his team reaching out to various government officials. Speaking to CNN, Gonzales expressed support for the interactions, stating, “I think it’s very positive that President Trump and his team are having conversations across the board through all aspects of government.”
As the case progresses, the attention surrounding Alito’s conversation with Trump is likely to remain a point of contention for critics of the Court. The ongoing scrutiny of the Supreme Court’s perceived impartiality is expected to continue, especially with several high-profile cases potentially involving Trump and his associates on the horizon. The Court’s upcoming decisions could play a significant role in shaping its public image and its relationship with the political establishment.
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