On Wednesday (Jan. 8), ABC News reported on a phone call that took place between Justice Samuel Alito and Donald Trump shortly before the latter submitted an emergency request to the Supreme Court to halt his sentencing in a New York criminal case. Alito confirmed that the conversation happened, claiming that it was in regard to one of his previous staff members.
“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,” the judge explained. “I agreed to discuss this matter with [him], and he called me yesterday (Jan. 7) afternoon.” According to the publication, Levi, who served under Alito from 2011 to 2012 and was later Attorney General Bill Barr’s chief of staff, is being considered for various roles, including general counsel of the Department of Defense.
Alito asserted that his conversation was strictly about Levi’s qualifications and unrelated to any legal matters. “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,” he stated. “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.”
ABC noted that, while it is common for justices to provide job recommendations for former clerks, direct conversations with a president, sitting or incoming, are “highly unusual,” particularly when that individual is involved in a legal dispute. The outlet also revealed past scrutiny that Alito faced, including calls for his recusal in cases involving the Jan. 6 Capitol attacks and the 2020 election. In a 2023 letter, Sens. Dick Durbin and Sheldon Whitehouse wrote that he “failed to avoid the appearance of impropriety” and raised doubts about his impartiality in politically charged matters.
Trump’s sentencing stems from his May 2024 conviction on 34 felony counts of falsifying business records. Said documents involved a hush money payment to adult film actress Stormy Daniels during his 2016 presidential campaign. While Trump could face up to four years in prison, Judge Juan Merchan already indicated that he plans to impose “an unconditional discharge” – a symbolic punishment meant to respect Trump’s return to the White House while upholding “the principle of presidential immunity.”
Despite this, Trump made a plea to the Supreme Court to block his sentencing on the grounds that proceeding with the case could harm the presidency and national security. Subsequently, the court requested a response from New York prosecutors by Thursday (Jan. 9) morning and is expected to make a decision on Friday (Jan. 10).