Justice Alito Talks with Trump About Former Clerk’s Job Before Legal Filing
Supreme Court Justice Samuel Alito revealed Wednesday that he spoke with then-President-elect Donald Trump about a potential job for one of his former law clerks, William Levi, a day before Trump’s legal team filed a request with the Court to delay his sentencing in a New York “hush money” case.
In a statement, Alito clarified that Levi had asked him to take a call from Trump regarding his qualifications for a government position. Alito emphasized that during their conversation, they did not discuss any matters related to pending Supreme Court cases, including the emergency application that Trump’s attorneys had filed that day. Alito also stated that he was unaware of the legal filing at the time of the conversation.
Typically, Justices recommend former clerks for high-level government and law firm roles, but Alito’s direct communication with a sitting president about such a job is considered unusual, especially with Trump having business before the Court. Trump’s legal team is seeking a delay in his sentencing on 34 felony counts related to falsifying business records in connection with a $130,000 hush-money payment to adult film actress Stormy Daniels, made just before the 2016 election. Trump has denied any wrongdoing and is scheduled to be sentenced on Friday. The judge handling the case has indicated that Trump will not face incarceration but will be allowed to appear virtually for the proceedings.
Levi, who clerked for Alito from 2011 to 2012, later served as Chief of Staff to Attorney General Bill Barr during Trump’s first term. Critics, such as Gabe Roth of the nonpartisan group Fix the Court, have called the phone call a breach of protocol, highlighting concerns over out-of-court communications between a justice and someone with ongoing cases before the Court.
While Trump’s spokesperson did not comment, conservative group leader Carrie Severino defended the call as a routine reference check and dismissed concerns as a manufactured “ethics” scandal. Alito has previously faced calls to recuse himself from cases involving Trump, following revelations about Trump-supporting flags near his home.
