Justice Samuel Alito's statement that he was unaware of Donald Trump's plan to file a petition with the Supreme Court to halt his hush money sentencing prior to taking a call with the president-elect has been described as "really odd" by a legal expert.
Joyce Vance, a former U.S. attorney for the Northern District of Alabama under the Barack Obama administration, shared her thoughts in her Civil Discourse blog on Thursday.
Alito's decision to take the call from Trump on Tuesday has sparked concerns about potential ethics violations and conflicts of interest involving the Supreme Court. The Court is set to decide whether to hear an appeal to postpone or dismiss Trump’s historic January 10 sentencing for falsifying business records.
Alito, one of six conservative justices on the Supreme Court, acknowledged taking the call from Trump a day before the president-elect’s lawyers filed the petition to halt the sentencing scheduled for Friday. The call was first reported by ABC News.
In a statement, Alito denied discussing the petition with Trump, claiming he was "not even aware" of such an application being filed. He stated the call was about recommending his former law clerk, William Levi, for a position in the incoming Trump administration.
Writing in her blog, Vance said it was "really odd" for Alito to claim ignorance about Trump’s intent to seek Supreme Court intervention, noting that “the whole rest of the legal world” anticipated it. She added, “Alito might as well have a Trump-support flag flying over his house.”
Trump is seeking to have the hush money sentencing dismissed, arguing it interferes with the presidential transition process ahead of his January 20 inauguration. His legal team has also claimed that presidential immunity, previously upheld by the Supreme Court, should extend to a president-elect.
A New York appeals court rejected Trump’s argument on Tuesday, paving the way for the Supreme Court petition, which was filed Wednesday, one day after the phone call with Alito.
Alito has faced prior calls to recuse himself from Trump-related cases. In 2021, a flag associated with the “Stop the Steal” movement was seen outside his Virginia home days after the January 6 Capitol attack. Alito later explained that his wife had raised the flag during a dispute with neighbors over an anti-Trump lawn sign.
Mark Joseph Stern, a legal journalist at Slate, commented on BlueSky, "This is, um, extremely unusual behavior by a justice, and it’s very unclear to me why Trump needed Alito to vouch for this guy in the first place. Out of all the people who could attest to his character, it had to be Alito?"
Joe Walsh, a former GOP Illinois representative and vocal Trump critic, wrote on X (formerly Twitter), "No way should Alito ever have taken this call. No way, no how. Doesn’t matter what they spoke about. He should not have taken the call. Period. He must recuse himself."
Meanwhile, Carrie Severino, president of the conservative advocacy group Judicial Crisis Network, defended Alito on X, saying, "Here comes the newest manufactured 'ethics' scandal over a simple reference check. The Left is once again making up fake ethics rules as a way to smear a justice who they despise for...faithfully following the Constitution."
As of Thursday morning, Trump’s sentencing remains scheduled for Friday at 9:30 a.m. Judge Juan Merchan, who is overseeing the proceedings, has indicated he will not impose a custodial sentence. Instead, the judge suggested he may issue an unconditional discharge, allowing Trump to walk free after sentencing, although his felony conviction will remain on record.
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