Connect with us

Politics

How a Phone Call Drew Alito Into a Trump Loyalty Squabble

Published

on

How a Phone Call Drew Alito Into a Trump Loyalty Squabble

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.

Advertisement

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.

Mr. Levi has been under consideration for several jobs in the new administration, including Pentagon general counsel. He has also been working for the Trump transition on issues related to the Justice Department. But his bid for a permanent position has been stymied by Mr. Trump’s advisers who are vetting personnel for loyalty, according to three of the people with knowledge of the situation.

As Mr. Trump puts together his second administration, Mr. Barr is among a handful of prominent Republicans who are viewed with such suspicion that others associated with them are presumptively not to be given jobs in the administration, according to people familiar with the dynamic. Republicans in that category include Mr. Trump’s former secretary of state Mike Pompeo and his former U.N. ambassador Nikki Haley. To be called a “Pompeo guy” or a “Haley person” is considered a kiss of death in Mr. Trump’s inner circle. Resistance to such people can usually be overcome only if Mr. Trump himself signs off on their hiring.

Tuesday’s phone call took place against that backdrop. Several people close to the Trump transition team on Thursday said their understanding was that Justice Alito had requested the call. But a statement from Justice Alito framed the matter as the justice passively agreeing to take a call at the behest of his former clerk.

The disconnect appeared to stem from Mr. Levi’s role in laying the groundwork for the call in both directions. It was not clear whether someone on the transition team had suggested he propose the call.

Advertisement

Mr. Levi did not respond to a request for comment. The Supreme Court press office said it had nothing to add to the statement it put out from Justice Alito on Wednesday. In that statement, Justice Alito said that Mr. Levi “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.”

He added: “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.”

During the call, according to multiple people briefed on it, Mr. Trump initially seemed confused about why he was talking to Justice Alito, seemingly thinking that he was returning Justice Alito’s call. The justice, two of the people said, told the president-elect that he understood that Mr. Trump wanted to talk about Mr. Levi, and Mr. Trump then got on track and the two discussed him.

A spokesman for Mr. Trump did not respond to an email seeking comment.

While it is unusual for an incoming president to speak with a Supreme Court justice about a job reference, it is routine for justices to serve as references for their former clerks. Justices traditionally treat their clerks as a network of protégés whose continued success they seek to foster as part of their own legacies.

Advertisement

Seemly or not, there is a long history of interactions between presidents and other senior executive branch officials and Supreme Court justices who sometimes will have a say over the fate of administration policies.

In 2004, a controversy arose when there was a lawsuit seeking disclosure of records about Vice President Dick Cheney’s energy task force meetings. One of the litigants, the Sierra Club, asked Justice Antonin Scalia to recuse himself from participation in the case because he had recently gone duck hunting with Mr. Cheney. Justice Scalia declined, issuing a 21-page memorandum that explained why he believed stepping aside was unjustified.

Part of Justice Scalia’s argument was that Mr. Cheney was being sued over an official action. That makes Mr. Trump’s pending attempt to block his sentencing for crimes that he was convicted of committing in his private capacity somewhat different, although the basis of Mr. Trump’s argument is that being sentenced and then fighting an appeal would interfere with his ability to carry out his official duties.

In trying to justify his decision not to recuse, Justice Scalia noted that justices have had personal friendships with presidents going back years, including some who played poker with Presidents Franklin D. Roosevelt and Harry S. Truman but did not recuse themselves from cases challenging their administrations’ policies and actions.

Mr. Trump has long sought to pressure the Supreme Court, in some cases by publicly hectoring the justices on social media for decisions he disagrees with. Mr. Trump has often privately complained that the three justices he appointed in his first term — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — had “done nothing” for him, according to a person who has discussed the matter with Mr. Trump.

Advertisement

One week after the 2018 midterm elections, Mr. Trump and the first lady, Melania Trump, had lunch with Justice Clarence Thomas and his wife, Virginia Thomas. Ms. Thomas, a longtime conservative activist, made suggestions about personnel shake-ups to Mr. Trump and later supported his efforts to try to overturn the 2020 election results.

In December 2020, Mr. Trump attacked the Supreme Court as “incompetent and weak” for refusing to address his legal team’s efforts to challenge the 2020 election. Two years later, he attacked the court again for giving Congress access to his tax returns.

The Supreme Court redeemed itself in Mr. Trump’s eyes last summer when the six Republican-appointed justices ruled that former presidents have broad immunity from being prosecuted over actions they took in their official capacity. That ruling threw into doubt how much of the indictment brought against Mr. Trump for his efforts to overturn the 2020 election could actually survive to go to trial — even after prosecutors filed a revised version trying to account for the court’s decision.

The Supreme Court’s intervention also seriously delayed the case’s progress, effectively making it impossible to get the charges to a jury before the election. And once Trump won the 2024 race, he could no longer face prosecution under Justice Department policy.

Kirsten Noyes contributed research from New York.

Advertisement
Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Politics

Elon Musk Backtracks on Plan to Give $2 Million Checks to Wisconsin Voters

Published

on

Elon Musk Backtracks on Plan to Give  Million Checks to Wisconsin Voters

Elon Musk is walking back part of his legally questionable plan to pay conservative voters.

During the presidential election, Mr. Musk courted conservative-leaning voters by offering $1 million payouts in a sweepstakes to those who agreed to sign a petition. Federal law prohibits payments to Americans in exchange for their registering to vote or casting ballots. Mr. Musk’s allies argued that he was not doing that, but merely paying people who signed a petition.

Mr. Musk, the world’s richest person, has returned to the tactic as he tries to elect a conservative judge, Brad Schimel, in a major race for control of the Wisconsin Supreme Court. The billionaire has offered a chance to earn $1 million to signers of a petition opposing “activist judges.”

Early Friday, Mr. Musk took it a big step further: He told his 219 million followers on X that when he visited Wisconsin on Sunday, he would hand out two $1 million checks to people who had already voted in the election “in appreciation for you taking the time to vote.” The offer was open only to those who had already voted, he said.

But later on Friday, Mr. Musk quietly deleted his post on X.

Advertisement

About 12 hours after that initial post, he said he had to “clarify a previous post.” He wrote that “entrance is limited to those who have signed the petition in opposition to activist judges,” adding, “I will also hand over checks for a million dollars to 2 people to be spokesmen for the petition.”

Mr. Musk, whose shoot-from-the-hip approach on his social media site has gotten him in plenty of legal trouble over the years, appeared to be bowing to the legal scrutiny that was building on Friday.

It is Wisconsin law, not federal law, that applies, and the state’s Democratic attorney general, Josh Kaul, on Friday sued to block Mr. Musk’s payments. (In a curious twist of fate, the case was randomly assigned to Susan Crawford, the liberal judge whom Mr. Musk is trying to defeat. She quickly recused herself.)

Several experts argued before Mr. Musk’s deletion of his post that his new inducement, which seemed to condition the chance of winning $1 million on voting, was illegal under state bribery laws.

“Conditioning entrance to this event and eligibility for the $1 million payout on having voted arguably violates Wisconsin law, which prohibits offering or giving anything of value to induce a person to vote,” said Brendan Fischer, a campaign finance lawyer who has defended the legality of some of Mr. Musk’s petition payouts.

Advertisement

Bryna Godar, a staff attorney at the University of Wisconsin Law School, said that Mr. Musk’s original offer was “pretty clearly” a violation of state bribery laws. While Mr. Musk’s offer before the November 2024 election was a “gray area,” Ms. Godar said, “the key difference here is that the rally and the million-dollar payments are limited to people who have already voted.”

Part of the reason for Mr. Musk’s petition and payouts has been to gin up controversy and attention from the news media. His 2024 petition was challenged in Pennsylvania state court just before Election Day, and a state judge declined to put a stop to it.

Continue Reading

Politics

Trump cautions 'bad things' in store if Iran won't negotiate as Islamic Republic touts 'Missile City'

Published

on

Trump cautions 'bad things' in store if Iran won't negotiate as Islamic Republic touts 'Missile City'

President Donald Trump promised that ‘bad things’ would happen to Iran if the regime does not come to the table for nuclear negotiations. 

“My big preference is that we work it out with Iran, but if we don’t work it out, bad things are gonna happen to Iran,” the president said Friday. 

Iran is enriching uranium to 60%, just shy of the 90% weapons-grade. Experts say it could have a nuclear weapon within weeks if it were to take the final steps to building one. 

In response to U.S. sanctions threats, Iran showed off a sprawling underground tunnel system replete with missiles, launchers, engines and other advanced weapons. 

WALTZ TELLS IRAN TO GIVE UP NUCLEAR PROGRAM OR ‘THERE WILL BE CONSEQUENCES’

Advertisement

U.S. President Donald Trump promised that ‘bad things’ would happen to Iran if it won’t engage in nuclear talks. (REUTERS/Evelyn Hockstein)

A video released this week by state media shows two Iranian military leaders, Chief of Staff of the Armed Forces Major General Mohammad Hossein Bagheri and IRGC Aerospace Force Commander Amir Ali Hajizadeh, riding in a vehicle through long, weapons-packed tunnels that Tehran has dubbed “Missile City.” 

The 85-second clip, which has not been independently verified, is set to menacing music and suggests that the Iranian Revolutionary Guard Corps stands ready to respond to threats of an attack from the U.S. and Israel. 

“Iran’s ballistic missile force remains the largest in the Middle East,” said Behnam Taleblu, fellow at the Foundation for Defense of Democracies. “This is all part of the regime’s deterrent strategy to cement the idea of any conflict with Tehran being a costly and protracted one.” 

Ayatollah Khamenei tours defense expo

Trump warned Iran’s Supreme Leader Ayatollah Ali Khamenei to engage in nuclear talks, or “bad things” would happen.  (Office of the Iranian Supreme Leader/WANA (West Asia News Agency))

The move comes as U.S. is bolstering its forces in the Middle East. Secretary of Defense Pete Hegseth recently sent a second aircraft carrier, the U.S. Navy’s USS Carl Vinson, to join the USS Harry S. Truman‘s carrier strike group, whose deployment was also extended. 

Advertisement

The U.S. also recently deployed two B-2 stealth bombers to the Diego Garcia base in the Indian Ocean, a warning to Iran and Yemen’s Houthi militia. The planes are capable of carrying 30,000-pound “bunker buster” bombs and are now situated within range of Iran. 

Weeks ago, Trump wrote a letter to Iran urging the regime to engage in talks on its nuclear program. 

Kamal Kharazi, the top foreign policy adviser to Iran’s supreme leader, Ayatollah Ali Khamenei, said on Thursday that the regime would engage in “indirect” talks, according to local news reports.

IRAN’S LEADER WARNS US COULD RECEIVE ‘SEVERE SLAPS’ FOLLOWING TRUMP’S THREATS TO HOUTHIS

Pasadena, CA - January 01: A small plane is dwarfed by a Northrop Grumman B-2 Stealth Bomber flying over Colorado Blvd. in Pasadena Wednesday, Jan. 1, 2025. The B-2 is from Whiteman Air Force Base in Missouri

The U.S. also recently deployed two B-2 stealth bombers to the Diego Garcia base in the Indian Ocean, a warning to Iran and Yemen’s Houthi militia. (Allen J. Schaben / Los Angeles Times via Getty Images)

“The Islamic Republic has not closed all the doors and is willing to begin indirect negotiations with the United States.” 

Advertisement

“Our policy is to not negotiate directly while there is maximum pressure policy and threats of military strikes,” foreign minister Abbas Aragchi explained. “But indirect negotiations can take place as they have in the past.”

If talks falter, the U.S. and Israel have floated the possibility of targeted strikes on underground nuclear facilities. 

In recent weeks, the Trump administration launched a series of offensive attacks on the Houthis in Yemen to send a message to Tehran, which supports them. 

CLICK TO GET THE FOX NEWS APP

“Let nobody be fooled! The hundreds of attacks being made by Houthi, the sinister mobsters and thugs based in Yemen, who are hated by the Yemeni people, all emanate from, and are created by, IRAN,” Trump wrote on Truth Social at the time. 

Advertisement

“Iran has played ‘the innocent victim’ of rogue terrorists from which they’ve lost control, but they haven’t lost control,” he continued. “They’re dictating every move, giving them the weapons, supplying them with money and highly sophisticated Military equipment, and even, so-called, “Intelligence.’” 

Continue Reading

Politics

Supreme Court faces Guantanamo test again: Does president's power have limits?

Published

on

Supreme Court faces Guantanamo test again: Does president's power have limits?

Two decades ago, the Bush administration said its “war on terror” prisoners held at Guantanamo Bay were off-limits to the federal courts, but the Supreme Court disagreed.

“A state of war is not a blank check for the President,” said Justice Sandra Day O’Connor in 2004. “Whatever power the U.S. Constitution envisions for the Executive in its exchanges with other nations or with enemy organizations…, it most assuredly envisions a role for all three branches when individual liberties are at stake.”

Only Justice Clarence Thomas dissented.

That issue is now back before the Supreme Court.

Although the nation is not at war, President Trump has invoked his war powers under the Alien Enemies Act of 1798 to round up and deport to El Salvador about 200 alleged members of a Venezuelan crime gang.

Advertisement

Two legal questions arose immediately.

How can Trump rely on the 1798 law, which applies only when Congress has “declared war” or a “foreign government” has launched an “invasion”?

And how does the government know all these men are gang members? Their families said they have no criminal records, and in some instances, fled Venezuela and sought asylum to escape the gangs.

So far, however, the legal fight has focused on the same big question from the Guantanamo era: Do federal judges have the authority to limit the power of the president who says he is protecting the nation from “dangerous aliens”?

On Friday, Trump’s acting solicitor general Sarah Harris urged the Supreme Court to set aside the judge’s order that put a temporary pause on further deportations.

Advertisement

“This case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country — the President…or the Judiciary,” she wrote in her appeal. “The Constitution supplies a clear answer: the President. The republic cannot afford a different choice.”

The justices asked for a response from the American Civil Liberties Union by Tuesday. The fast-moving case poses an early test of whether the high court will uphold the president’s power to swiftly deport migrants without interference from judges.

Two weeks ago, Trump signed a proclamation that Tren De Araqua, a Venezuelan crime gang, was “perpetrating…an invasion” of the United States and ordering the “prompt removal” of all those who were held.

On the afternoon of Saturday, March 15, U.S. District Judge James Boasberg convened a hastily arranged hearing in response to an emergency lawsuit brought on behalf of five Venezuelan men who feared they would be deported to El Salvador.

At the same hour, administration officials were arranging for three planes to take off from Texas.

Advertisement

The judge questioned how the 1798 law could authorize such deportations, and “to preserve the status quo,” he ordered a temporary pause on all the deportations.

Although the five named plaintiffs stayed in Texas, the administration essentially ignored the broader order and allowed the three flights to proceed as planned.

Although the judge said he was troubled his orders were ignored, Trump’s lawyers were troubled by his intervention.

“These orders are an affront to the President’s broad constitutional and statutory authority to protect the United States from dangerous aliens who pose grave threats to the American people,” they said on behalf of Atty. Gen. Pam Bondi.

“The presidential actions they challenge are not subject to judicial review,” they said.

Advertisement

“The Constitution simply provides no basis for … no basis for second-guessing the policy judgment by the Executive that such an ‘invasion’ is occurring,” they said. The president “has an inherent authority to conduct foreign affairs and address national security risks.”

They took a hard line and refused to even disclose the flight times for airplanes that flew to El Salvador.

That’s a “state secret,” they said in a brief filed on Monday.

Veterans of the legal battles over Guantanamo see some similarities but differences as well.

UC Berkeley Law professor John Yoo, a former Bush administration attorney, said the Guantanamo prisoners were not brought into the United States.

Advertisement

“Here, there is no doubt that the Venezuelans sent to El Salvador were detained within the United States,” he said.

In the past, the Supreme Court has said people who are being held in this country, including noncitizens, have a right to due process of law.

Yoo said, “Trump is invoking the same arguments we made after 9/11 that the capture and detention of enemy prisoners during wartime fell exclusively within the President’s authority as Commander-in-Chief to conduct war.” He is also “making similar arguments as to why federal judges today should defer to the decisions of the executive branch during what he has determined is an invasion.”

But Yoo said he doubts the courts will uphold Trump’s reliance on the 1798 law.

Earlier this week, Boasberg explained his order was narrow in scope as well as temporary. It would not lead to the release any of the Venezuelans that are being held, and it does not prevent the government from deporting those who have a “final order of removal” under the U.S. immigration laws, he said. It prevents only deportations to El Salvador that are based on the disputed Alien Enemies Act.

Advertisement

It also resolved nothing about the plight of those who are now held in El Salvador.

On Monday, Trump’s lawyers asked the D.C. Circuit Court of Appeals to throw out Boasberg’s order but lost in a 2-1 decision.

Each of the judges wrote a lengthy opinion making a separate point.

Judge Karen Henderson, an appointee of President George H.W. Bush, disputed the use of the Alien Enemies Act. “An invasion is a military act, not one of migration,” she said.

Judge Patricia Millett, an appointee of President Obama, said the detained men deserve a hearing to challenge the claim they were gang members.

Advertisement

Judge Justin Walker, a Trump appointee, dissented but said the detained men could file a habeas corpus claim in Texas where they are held.

ACLU attorney Lee Gelernt, who brought the lawsuit, said the decision preserving the judge’s order “means that hundreds of individuals remain protected from being sent to a notorious black-hole prison in a foreign country, without any due process whatsoever — perhaps for the rest of their lives.”

Skye Perryman, president of Democracy Forward, called the D.C. Circuit’s decision “an important step for due process and the protection of the American people. President Trump is bound by the laws of this nation, and those laws do not permit him to use wartime powers when the United States is not at war and has not been invaded.”

In her appeal on Friday, Harris, the acting solicitor general, agreed with Walker that the Venezuelans held in Texas could file a writ of habeas corpus there.

ACLU attorneys and Millett dismissed that option as impractical. The hundreds of men who were held had no lawyers, they said, and no way to know they must file an individual legal claim in federal court.

Advertisement
Continue Reading

Trending