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Alito States He Did Not Talk About Emergency Motion During Call with Trump


Justice Samuel Alito mentioned he had a conversation with President-elect Trump prior to Trump’s legal team requesting the Supreme Court to delay the sentencing related to his New York business records case.

Supreme Court Justice Samuel Alito stated that he spoke with President-elect Donald Trump over the phone on January 7 to recommend one of his former law clerks for a government role, but they did not touch on the forthcoming emergency motion or any other legal issues.

The conversation between Alito and Trump occurred just one day ahead of when the president-elect’s attorneys submitted an emergency request to the Supreme Court on January 8, seeking to delay Trump’s sentencing in the New York case, which is set for January 10 in Manhattan.
“William Levi, one of my former law clerks, asked me to take a call from President-elect Trump regarding his qualifications for a government position,” Alito said in a statement to ABC News. “I agreed to talk about this matter with President-elect Trump, and he called me yesterday afternoon. We did not discuss the emergency application he submitted today, and I was unaware at the time of our conversation that such an application would be filed.”

Alito further noted that they did not engage in discussion about “any other pending matters or any future cases that might come before the Supreme Court or any past Supreme Court rulings related to the President-elect.”

Trump’s legal team requested that the court suspend the sentencing until the issues surrounding presidential immunity are clarified.

They contended that proceeding with the sentencing could lead to “grave injustice and damage to the institution of the Presidency and the functioning of the federal government.”

“President Trump is currently involved in vital preparations to assume the Executive Power in less than two weeks, which are crucial to the national security and interests of the United States,” Trump’s attorneys argued. “Forcing President Trump to navigate a criminal sentencing while he is preparing to take on the responsibilities of the President of the United States creates an overwhelming, unconstitutional burden that undermines critical national interests.”

Trump’s legal representatives submitted the emergency petition to the Supreme Court after a New York appeals court turned down an earlier request to defer Friday’s sentencing.

The Supreme Court has asked New York prosecutors to submit a response by January 9.

‘Unmistakable Breach of Protocol’

While it’s not uncommon for justices to provide recommendations for former clerks seeking government and law firm roles, the timing of Alito’s conversation with Trump has faced criticism.

Gabe Roth, executive director of the nonpartisan organization Fix the Court, remarked that the call constituted “an unmistakable breach of protocol.”

“No individual, regardless of their status, should communicate out-of-court with a judge or justice deliberating their case,” Roth stated.

Carrie Severino, president of the conservative advocacy group JCN, expressed in a statement on social media platform X that the call was a “manufactured ‘ethics’ scandal over a simple reference check” that was exaggerated to “discredit” the justice.
Trump was convicted in May 2024 on 34 felony counts of falsifying business records.
In July, the Supreme Court determined that former presidents enjoy broad immunity from criminal prosecution for certain official acts carried out while in office.

The court’s ruling stemmed from an unrelated case involving Trump, but his lawyers assert that it bolsters their claims that his New York conviction should be annulled.

The Epoch Times has reached out to a Trump spokesperson for comments.

Chase Smith and The Associated Press contributed to this report.



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