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By Ewan Palmer
News Reporter
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Justice Samuel Alito's saying he was unaware Donald Trump planned to file a petition with the Supreme Court to halt his hush money sentencing before taking a call with the president-elect has been described as "really odd" by a legal expert.
Joyce Vance, who was a U.S. attorney for the Northern District of Alabama during the Barack Obama administration, made the remarks in her Civil Discourse blog on Thursday.
Newsweek has contacted Vance, the Trump transition team and the Supreme Court for comment via email.
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Why It Matters
Alito's decision to take a call from Trump on Tuesday has raised concerns about potential ethics violations and conflicts of interest involving the nation's highest court. The Supreme Court will soon decide whether to hear an appeal to postpone or dismiss the president-elect's historic January 10 sentencing for falsifying business records.
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What to Know
Alito, one of six conservative justices on the Supreme Court, confirmed he took a call from Trump on Tuesday, one day before the president-elect's lawyers filed a petition asking the court to halt the his sentencing scheduled for Friday.
The Tuesday call was first reported by ABC News.
In a statement, Alito denied discussing the petition with Trump, saying he was "not even aware" that such an application would be filed. He said the call was about recommending his former law clerk, William Levi, for a position in the upcoming Trump administration.
Writing in her Civil Discourse blog, Vance said it was "really odd" for Alito to suggest he did not know Trump would seek Supreme Court intervention, as "the whole rest of the legal world" expected it.
Trump has sought to have the hush money sentencing dismissed, saying it interferes with the presidential transition process ahead of his January 20 inauguration. His legal team also argued that presidential immunity, previously upheld by the Supreme Court, can be extended to a president-elect.
A New York appeals court rejected Trump's argument on Tuesday, setting up the potential Supreme Court request. Trump's lawyers filed the petition on Wednesday, one day after the phone call with Alito.
Alito has previously faced calls to recuse himself from cases involving Trump. In 2021, an upside-down flag associated with the "Stop the Steal" movement was seen outside Alito's Virginia home days after the January 6 Capitol attack. Alito said his wife raised the flag during a dispute with neighbors over an anti-Trump lawn sign.
What People Are Saying
Joyce Vance, in her Civil Discourse blog: "Alito said he didn't know Trump was headed to SCOTUS, which is really odd, because the whole rest of the legal world knew it was coming. He also said they didn't talk about any of Trump's legal matters.. Alito might as well have a Trump-support flag flying over his house."
Justice Samuel Alito, in a statement on Wednesday: "William Levi, one of my former law clerks, asked me to take a call from President-elect Trump regarding his qualifications to serve in a government position. I agreed to discuss this matter with President-elect Trump, and he called me yesterday afternoon.
"We did not discuss the emergency application he filed today, and indeed, I was not even aware at the time of our conversation that such an application would be filed. We also did not discuss any other matter that is pending or might in the future come before the Supreme Court or any past Supreme Court decisions involving the president-elect."
Mark Joseph Stern, legal journalist at Slate, 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? Right now?"
Joe Walsh, former GOP Illinois representative and Trump critic, 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."
Carrie Severino, president of the conservative advocacy group JCN (Judicial Crisis Network), on X: "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."
What Happens Next
As of Thursday morning, Trump's sentencing is still set for Friday at 9:30 a.m.
Judge Juan Merchan, who is overseeing the sentencing proceedings, has indicated he will not impose a custodial sentence on Friday. The judge suggested he may issue an unconditional discharge, allowing Trump to walk free after sentencing, though his felony conviction will remain on record.
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