In a significant development, Justice Samuel Alito confirmed he spoke with President-elect Donald Trump just a day before Trump called on the Supreme Court to intervene in his upcoming sentencing regarding the New York hush-money case. Alito clarified that their conversation did not touch upon the case itself.
According to Alito, the discussion was initiated by William Levi, a former law clerk, who sought information about his qualifications for a position in Trump’s forthcoming administration. “I agreed to discuss this matter with President-elect Trump, and he called me yesterday afternoon,” Alito remarked. “We did not discuss the emergency application he filed today and was unaware that such an application would be submitted during our conversation. Furthermore, we did not address any ongoing or future matters that could come before the Supreme Court or any prior Supreme Court decisions involving the President-elect.”
Earlier that day, Trump had requested the Supreme Court to pause his sentencing connected to the New York hush money case, following a similar appeal that had been dismissed by a New York appeals court the day prior.
In the past summer, the Supreme Court ruling underscored that presidents have considerable immunity from prosecution. Trump interpreted this to mean that as President-elect, he cannot face prosecution or sentencing. “This court should enter an immediate stay of further proceedings in the New York trial court to prevent grave injustice and harm to the institution of the presidency and the operations of the federal government,” his legal team urged in their application. The Supreme Court has ordered the prosecution to respond by Thursday morning, as Trump’s sentencing hearing is set for the following Friday—just 10 days before his inauguration.
The hush money case marks the only one among Trump’s various criminal trials heading to court. He stands convicted by a state jury on 34 counts of falsifying business records linked to payments made to adult film star Stormy Daniels. Trump’s defense team has aimed to delay or dismiss the case altogether, maintaining that the President-elect holds immunity against the charges. New York Judge Juan Merchan has postponed the sentencing on several occasions, but recently ruled that Trump’s legal team failed to substantiate claims of his immunity.