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How a Phone Call Drew Alito Into a Trump Loyalty Squabble

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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.

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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.

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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.

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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.

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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.

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Video: Trump’s Signature to Appear on Dollar Bills

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Video: Trump’s Signature to Appear on Dollar Bills

new video loaded: Trump’s Signature to Appear on Dollar Bills

President Trump’s signature will be added to U.S. paper currency later this year, the Treasury Department said on Thursday.

By Shawn Paik

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DHS shutdown breakthrough comes at cost for Republicans as funding fights nears end

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DHS shutdown breakthrough comes at cost for Republicans as funding fights nears end

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Congress is one step closer to ending the Homeland Security shutdown after the Senate advanced a new, last-minute deal, but it came at the price of Republicans ceding ground, temporarily, to Senate Minority Leader Chuck Schumer, D-N.Y.

The Senate unanimously advanced a deal to reopen most of the Department of Homeland Security (DHS) in the wee hours of Friday morning, 42 days into the shutdown that was spurred by the Trump administration’s immigration operations in Minnesota.

It was an agreement that largely gave Schumer and Senate Democrats what they wanted — no funding for Immigration and Customs Enforcement (ICE) and parts of Customs and Border Protection (CBP). But it lacked the stringent reforms they desired, like requiring judicial warrants or requiring agents to unmask.

SCHUMER, DEMS BLOCK DHS FUNDING AGAIN, TRUMP INTERVENES TO PAY TSA AGENTS

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Senate Majority Leader John Thune, R-S.D., said that Republicans had made what was likely their “final” offer to Democrats to reopen DHS.  (Stefani Reynolds/Bloomberg via Getty Images)

While the deal mirrors previous attempts by Democrats to pass similar legislation that carved out immigration funding, Thune argued that Democrats are still walking away empty-handed in the policy fight over immigration enforcement. 

“We’ve been trying for weeks to fund the whole thing,” Thune said. “And, I mean, in the end, this is what they were willing to agree to. But again, it’s different that it has zero reforms in it. I mean, they got no reforms on DHS, which they could have had if they had been willing to work with us a little bit on that.”

Schumer said that if Republicans hadn’t blocked their initial attempts, “this could have been done three weeks ago.”

“This is exactly what we wanted,” Schumer said. “This is what we asked for, and I’m very proud of my caucus. My caucus held the line.”

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The DHS funding deal now heads to the House, where Republicans aren’t enthusiastic about not funding key components of President Donald Trump’s immigration crackdown agenda.

The latest plan came after Senate Democrats blocked a seventh attempt to reopen DHS, after back-and-forth talks throughout the day on Thursday appeared to yield little progress toward a resolution. Trump also announced his intent to sign an order that would pay Transportation Security Administration (TSA) agents as major airports are rocked with staggering lines and eye-popping wait times amid the shutdown. 

DEMS BLOCK DHS FUNDING AFTER GOP REJECTS THEIR COUNTER, THUNE SAYS SCHUMER ‘GOING IN CIRCLES’

Senate Minority Leader Chuck Schumer, D-N.Y., and Democrats rejected Republicans latest deal to reopen DHS, and have promised a counteroffer with reforms in return.  (Alex Wong/Getty Images)

While a further concession to Democrats, in part, the underlying argument Republicans have made all along is that if Schumer and his caucus wanted reforms, they would have to agree to fund immigration enforcement.

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And ICE and CBP are still flush with roughly $75 billion in cash from Trump’s “big, beautiful bill,” giving the agencies a buffer for a time.

“The good news is we anticipated this a year ago. I mean, one of the reasons we front loaded, pre-loaded up the ‘one big, beautiful bill’ with advanced funding for Homeland Security was because we anticipated this was likely going to happen, and it did,” Thune said. “I still think it’s unfortunate. The Dems wanted reforms. We tried to work with them on reforms. They ended up getting no reforms.”

The same process used to pass that colossal legislative package will likely be turned to again fund immigration enforcement.

DHS DEAL IN LIMBO AS DEMOCRATS DEMAND TOUGHER ICE CRACKDOWN DESPITE GOP COMPROMISE

A U.S. Immigration and Customs Enforcement officer’s badge and gear.  (Michael Siluk/UCG/Universal Images Group via Getty Images)

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Sen. Eric Schmitt, R-Mo., envisions funding ICE and CBP for several years.

“Democrats are trying to shut down ICE funding for the remainder of the fiscal year — ultimately they won’t be successful,” Schmitt said on X. “In response, I’ll be pushing to lock in funding for deportation operations and salaries for a decade.”

Doing so could be difficult, still, given that Republicans want to dump several other priorities into the mix, including portions of the Safeguarding American Voter Eligibility (SAVE) America Act and funding for the Iran war.

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And some Republicans are already couching expectations on what can and can’t be accomplished in the party-line process, given that anything in the bill has to pass muster with strict rules in the Senate.

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“I think we have to set our sights a little bit lower on this reconciliation bill,” Sen. Roger Marshall, R-Kan., told Fox News Digital. “It’s got to be targeted to fund ICE for 10 years, I think that’s the number one thing to us.”

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Bill Maher on getting the Mark Twain Prize for humor: ‘Like an Emmy, except I win’

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Bill Maher on getting the Mark Twain Prize for humor: ‘Like an Emmy, except I win’

It’s like that time Pinocchio became a real boy: News that was labeled “fake” last week is real today, per the Kennedy Center, and Bill Maher will indeed be the 27th person to receive the Mark Twain Prize for American Humor.

The White House strongly dissed the Atlantic’s reporting (followed by unreporting) last week that Maher was the next in line for the 2026 prize that Conan O’Brien got last year and Kevin Hart picked up the year before that. The Twain honor has been bestowed on comics almost annually since 1998 by the Kennedy Center, a “tired, broken, and dilapidated” building that President Trump slapped his own name on in December and plans to close for two years’ worth of renovations starting July 4 — hence the response from White House flacks.

“Literally FAKE NEWS,” said Steven Cheung, White House director of communications, on his official X account reacting Friday to the Atlantic story. Karoline Leavitt, White House press secretary, said in a statement to the publication, “This is fake news. Bill Maher will NOT be getting this award.”

But People reported Thursday that although the Atlantic’s news was deemed “fake” at the time, according to word from a White House official, the situation had “evolved” in the six days since then.

You say tomato, I say to-mah-to? At any rate, Bill’s getting the Twain, given previously to comedic luminaries including Richard Pryor, Whoopi Goldberg, George Carlin, Lily Tomlin, Steve Martin, Lorne Michaels, Tina Fey and Dave Chappelle.

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Maher had no response on social media, perhaps reserving his reaction for the upcoming “Real Time With Bill Maher” episode due out Friday on HBO or his next “Club Random” podcast. But he did issue a dryly amusing statement Thursday in a Kennedy Center news release, saying, “Thank you to the Mark Twain people: I just had the award explained to me, and apparently it’s like an Emmy, except I win.”

(Maher’s show has been nominated for Emmy Awards 22 times, from 2004 through 2024, including 13 nods for variety series and the rest for writing, directing and personal performance. It has won exactly zero of those times. Even Susan Lucci only had to wait through 18 Daytime Emmy nominations before she finally won on the 19th — and proceeded to lose out on two more.)

The comic’s statement continued: “I’d just like to say that it is indeed humbling to get anything named for a man who’s been thrown out of as many school libraries as Mark Twain.”

“For nearly three decades, the Mark Twain Prize has celebrated some of the greatest minds in comedy,” Roma Daravi, vice president of public relations for the Kennedy Center, said in a statement of her own. “For even longer, Bill has been influencing American discourse — one politically incorrect joke at a time.”

Maher, a self-described liberal who has no love for the Republican Party, found himself in strange-new-respect territory among conservatives in recent years after he started slamming far-left ideology as ruthlessly as he slammed the far right. Then last spring he accepted an invitation for dinner with Trump at the White House, and many heads exploded.

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“OK, as you know, 12 days ago, I had dinner with President Trump, a dinner that was set up by my friend Kid Rock because we share a belief that there’s got to be something better than hurling insults from 3,000 miles away,” said Maher, who lives on the West Coast, on the April 11, 2025, episode of “Real Time.”

“And let me first say that to all the people who treated this like it was some kind of summit meeting, you’re ridiculous. Like I was going to sign a treaty or something. I have — I have no power. I’m a f— comedian, and he’s the most powerful leader in the world. I’m not the leader of anything except maybe a contingent of centrist-minded people who think there’s got to be a better way of running this country than hating each other every minute.”

Maher said he brought with him to the dinner a list of almost five dozen epithets the president had hurled his way over the years, intending to ask Trump to sign it for him. Which the president did. And after sharing some anecdotes from the visit, including some snappy retorts, Maher told his audience that Trump was “much more self-aware than he lets on in public.”

“I never felt I had to walk on eggshells around him. And honestly, I voted for Clinton and Obama, but I would never feel comfortable talking to them the way I was able to talk with Donald Trump. That’s just how it went down. Make of it what you will.”

The Mark Twain Prize will be given to Maher at a gala set for June 28, with Netflix streaming the event at a later date, yet to be determined.

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