Supreme Court Justice Samuel Alito spoke with Donald Trump one day before the president-elect's lawyers filed a petition asking the court to halt the Republican's upcoming hush money sentencing.
Newsweek has contacted the Trump transition team and the Supreme Court for comment via email.
Why It Matters
The timing of the call has reignited concerns about potential ethics and protocol violations involving the nation's highest court.
The conservative-majority court, which includes three judges nominated to bench by Trump, is deliberating whether to hear an appeal to postpone or dismiss the president-elect's historic January 10 sentencing for falsifying business records.
What to Know
Justice Samuel Alito confirmed he spoke with President-elect Donald Trump on Tuesday, one day before Trump's lawyers filed a petition asking the Supreme Court to halt his hush money sentencing.
The Tuesday call between Alito and Trump was first reported by ABC News.
Alito denied that the pair discussed the petition from Trump's lawyers and that he was "not even aware" that such an application would be filed. Alito said he took the call at the request of his former law clerk, William Levi, to recommend him for a position in Trump's incoming administration.
Trump is set to be sentenced Friday after being convicted by a New York jury in May on 34 counts of falsifying business records. The sentencing has been postponed three times by Judge Juan Merchan, who is overseeing the case. Trump has denied any wrongdoing.
Trump's legal team argues the sentencing would interfere with the presidential transition process before the January 20 inauguration. His lawyers also argue presidential immunity can be extended to a president-elect.
The Supreme Court ruled in July 2024 that U.S. presidents are immune from criminal prosecution for official acts conducted while in office. A New York appeals court rejected the argument from Trump's legal team that such immunity can extend to incoming presidents on Tuesday.
Alito was one of six conservative justices to vote in favor of broad immunity for former presidents in a prior case related to Trump's alleged attempts to overturn the 2020 election results.
Alito had previously faced calls to recuse himself from decisions involving Trump after an upside-down flag associated with the 2020 election "Stop the Steal" movement was seen flying outside his Virginia home days after the January 6 attack on the Capitol in 2021.
The justice said his wife had raised the inverted flag during a dispute with their neighbors over an anti-Trump lawn sign.
What People Are Saying
Justice Samuel Alito, in a Wednesday statement to ABC News: "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."
Gabe Roth, executive director of nonpartisan advocacy group Fix the Court, told The Associated Press: "[This is an] unmistakable breach of protocol. No person, no matter who they are, should engage in out-of-court communication with a judge or justice who's considering that person's case."
Kate Shaw, who clerked for former Supreme Court Justice John Paul Stevens, told ABC News: "The justices of the Supreme Court are, among other things, employers to their law clerks. So providing a reference for a former employee is not atypical, whatever job a former clerk may be applying for—an academic job, private sector job, or even a government job."
Trump's attorneys, in Wednesday's petition to the Supreme Court: "Forcing President Trump to prepare for a criminal sentencing in a felony case while he is preparing to lead the free world as president of the United States in less than two weeks imposes an intolerable, unconstitutional burden on him that undermines these vital national interests."
What Happens Next
Justice Sonia Sotomayor, who handles appeals from New York, has ordered Manhattan prosecutors to respond to Trump's petition by 10 a.m. ET Thursday.
Judge Merchan has indicated he will not impose a custodial sentence on Friday. Instead, he suggested an unconditional discharge, which would allow Trump to be immediately released after sentencing while his conviction remains on record, may be the best option.
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