How a Phone Call Drew Alito Into a Trump Loyalty Squabble
The New York Times
The phone call centered on a former law clerk of Justice Alito’s. In the eyes of the Trump team, the clerk still needed to prove his loyalty to the president-elect.
Justice Samuel A. Alito Jr. received a call on his cellphone Tuesday. It was President-elect Donald J. Trump, calling from Florida.
Hours later, Mr. Trump’s legal team would ask Justice Alito and his eight colleagues on the Supreme Court to block his sentencing in New York for falsifying business records to cover up a hush-money payment to a pornographic film actress before the 2016 election. And the next day, the existence of the call would leak to ABC News — prompting an uproar about Mr. Trump’s talking to a justice before whom he would have business with substantial political and legal consequences.
Justice Alito said in a statement on Wednesday that the pending filing never came up in his conversation with Mr. Trump and that he was not aware, at the time of the call, that the Trump team planned to file it. People familiar with the call confirmed his account.
But the fact of the call and its timing flouted any regard for even the appearance of a conflict of interest at a time when the Supreme Court has come under intense scrutiny over the justices’ refusal to adopt a more rigorous and enforceable ethics code.
The circumstances were extraordinary for another reason: Justice Alito was being drawn into a highly personalized effort by some Trump aides to blackball Republicans deemed insufficiently loyal to Mr. Trump from entering the administration, according to six people with knowledge of the situation, who spoke on the condition of anonymity to describe private conversations.
The phone call centered on William Levi, a former law clerk of Justice Alito’s who seemingly has impeccable conservative legal credentials. But in the eyes of the Trump team, Mr. Levi has a black mark against his name. In the first Trump administration, he served as the chief of staff to Attorney General William P. Barr, who is now viewed as a “traitor” by Mr. Trump for refusing to go along with his efforts to overturn his loss in the 2020 election.
