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{"id":109798,"date":"2025-01-08T23:27:08","date_gmt":"2025-01-09T03:27:08","guid":{"rendered":"https:\/\/reason.com\/?post_type=volokh-post&p=8312179"},"modified":"2025-01-08T23:27:08","modified_gmt":"2025-01-09T03:27:08","slug":"talking-to-the-justices-about-references","status":"publish","type":"post","link":"http:\/\/3rdcitynews.com\/news\/talking-to-the-justices-about-references\/","title":{"rendered":"Talking to the Justices About References"},"content":{"rendered":"\n

ABC News reports<\/a>, “Supreme Court Justice Samuel Alito spoke to President-elect Donald Trump by phone Tuesday to recommend one of his former law clerks for a job in the new administration.” ABC obtained a statement from Justice Alito to explain the context:<\/p>\n

\n

“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,” Justice Alito confirmed to ABC News Wednesday. “I agreed to discuss this matter with President-elect Trump, and he called me yesterday afternoon.”<\/p>\n

“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,” Alito said. “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.”<\/p>\n<\/blockquote>\n

I have a few thoughts on this story.<\/p>\n

First, let’s start with the byline: Katherine Faulders<\/a>,\u00a0<\/span>Jonathan Karl<\/a>, and\u00a0<\/span>Devin Dwyer<\/a>. Dwyer is ABC News’s Supreme Court Correspondent. Since he is listed last, I think it is safe to assume this was not his scoop. Karl is ABC News chief Washington. Again, if this was his scoop, I would think his name would come first. Faulders is a Senior Reporter at ABC News. I am not familiar with her work, but she has written many recent stories about the Trump cases. Given that her name came first, she was probably the person who obtain the information.<\/p>\n

Second, how did Faulders obtain this information? Again, it is not clear that she has “sources” within the Supreme Court. And I can’t even imagine who in the Court would have told her this! Justice Alito? Someone in the Alito chambers? This is unthinkable, especially after the Dobbs\u00a0<\/em>leak. The story provides very little information about the sourcing:<\/p>\n

\n

Supreme Court Justice Samuel Alito spoke to President-elect Donald Trump by phone Tuesday to recommend one of his former law clerks for a job in the new administration, ABC News has learned.<\/p>\n<\/blockquote>\n

If the info did not come from the Court, the most likely source is from the other end of the call. No, I don’t think President Trump spoke to Faulders. More likely? Trump told someone that he spoke to Alito, and that person told someone else, and that someone else told the press. Or maybe something like that happened.<\/p>\n

\n

NEWS — Supreme Court Justice Alito spoke to Donald Trump Tuesday to recommend a former law clerk for a job in the new admin. Call occurred hours before Trump's lawyers asked the justices to block Trump's criminal hush money sentencing. Reporting w\/ @jonkarl<\/a> & @devindwyer<\/a><\/p>\n

— Katherine Faulders (@KFaulders) January 8, 2025<\/a><\/p>\n<\/blockquote>\n