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"Alito claims it was to help a former clerk get a job," wrote one legal commentator. "Doesn't matter. Federal law requires Alito now be DISQUALIFIED from the Trump stay petition."
Following the revelation that Supreme Court Justice Samuel Alito had a private phone call with Trump the day before Trump's legal team petitioned the Supreme Court to halt his sentencing in his New York "hush money" case, Congressman Jamie Raskin was among those Thursday who called for Alito's recusal from the high profile case.
ABC News first reported the call between Trump and Alito, which took place Tuesday, and that Alito subsequently claimed concerned one of Alito's former law clerks, who is seeking a job in the new administration. "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," Alito explained to ABC News in a statement.
On Wednesday morning, Trump's legal team filed an emergency request with the Supreme Court to pause his sentencing in New York court on on 34 felony counts of falsifying business records in connection to hush-money payment to porn actress Stormy Daniels.
Alito said that he and Trump did not discuss Trump's emergency request.
Raskin, ranking member of the House Judiciary Committee, denounced the call as a "breach of judicial ethics" in a statement Thursday, adding "especially when paired with his troubling past partisan ideological activity in favor of Trump, Justice Alito's decision to have a personal phone call with President Trump—who obviously has an active and deeply personal matter before the court—makes clear that he fundamentally misunderstands the basic requirements of judicial ethics or, more likely, believes himself to be above judicial ethics altogether."
Trump's legal team also appealed to the New York Court of Appeals to postpone the sentencing, which was rejected Thursday, a day after a state appeals court in New York also rejected the request. The sentencing is slated to take place on Friday.
Other court watchers also blasted Alito for the phone call.
President of the watchdog Accountable.US Caroline Ciccone urged Alito to recuse himself from all upcoming cases in which Trump is a named party. "In addition, Congress should investigate Alito's—and other justices'—lapses in judicial ethics in order to strengthen the Court's lax code of conduct. Anything less would confirm what so many already fear: that the Court has become overtly political and a playground for the powerful," she wrote.
"Alito claims it was to help a former clerk get a job. Doesn't matter. Federal law requires Alito now be DISQUALIFIED from the Trump stay petition," wrote Tristan Snell, a lawyer and legal commentator, on Wednesday.
This is not the first time that Alito has engendered this type of scrutiny. Last year, following revelations that flags carried by Trump supporters who took part in the January 6 insurrection at the Capitol were seen flying outside Alito's homes, Alito faced calls to recuse himself from a case two cases: one dealing with Trump's claims of presidential immunity and another on the question of whether defendants who participated in the January 6, 2021 attempted insurrection should be charged with obstructing an official proceeding. Alito rejected the calls to step aside.
"Every federal judge and justice knows he or she must avoid situations such as this. Yet Justice Alito did not," said Raskin.
In line with public opinion, newspaper editorial boards, and some Democratic lawmakers, progressive advocacy organizations held a national day of action on Thursday, calling on the U.S. Senate to "do its job" and consider President Barack Obama's Supreme Court nominee.
#DoYourJob Tweets |
In Washington, D.C., and key states across the country, constituents are delivering petitions that aim to hold U.S. senators accountable to the Constitution and the American people. The campaign has also taken off on Twitter under the hashtag #DoYourJob.
A CNN/ORC poll published Thursday shows that most respondents want to see Obama nominate someone to fill the Supreme Court vacancy created by Justice Antonin Scalia's death rather than leave the seat vacant until a new president takes office next year. What's more, about two-thirds say that whomever Obama nominates should get a hearing in the Senate.
Senate Majority Leader Mitch McConnell, of Kentucky, and the Senate Judiciary Committee have declared they will not hold hearings on any nominee put forward by Obama, nor would the full body vote on Obama's choice.
"It doesn't take much to understand how outrageous their conduct is," Natural Resources Defense Council climate and clean air campaign director Pete Altman wrote on Thursday. "This is the first Senate majority in American history to refuse to consider any nominee from the president, no matter how qualified that nominee may be."
According to Altman, "[t]he Republican strategy is, in part, a bid to push policies that will lead to more pollution, more bad air, more bad water, and more profits for major polluters. When their 'mask' slips, that is what you see behind all of this."
Indeed, a report released Thursday by People for the American Way reveals how right-wing groups, representing corporate and religious interests, are "promoting obstruction as a means to the end of a far-right court."
The report states: "As Republican senators vow to block the confirmation of whomever President Obama nominates to fill the Supreme Court vacancy--or even to meet with a nominee--they are echoing the messaging of these outside groups. And, even as polls show that most Americans want President Obama to fulfill his constitutional obligation and nominate the next Supreme Court justice, Republican senators face pressure campaigns from these groups if they back down the slightest bit from a scorched-earth response to the vacancy."
Thursday's day of action comes on the heels of a scathing letter to the Judiciary Committee from more than 80 organizations, which said the GOP's "unprecedented and destructive" decision was "a dereliction of constitutional duty."
It was a truly historic moment Tuesday when Senate Intelligence Committee Chair Dianne Feinstein took to the Senate floor to warn that the CIA's continuing cover-up of its torture program is threatening our constitutional division of power. By blatantly concealing what Feinstein condemned as "the horrible details of a CIA program that never, never, never should have existed," the spy agency now acts as a power unto itself, and the agency's outrages have finally aroused the senator's umbrage.
As Sen. Patrick J. Leahy, chair of the Judiciary Committee that will be investigating Feinstein's charges noted, "in 40 years here, it was one of the best speeches I'd ever heard and one of the most important." That was particularly so, given that Feinstein's searing indictment of the CIA's decade-long subversion of congressional oversight of its torture program comes from a senator who previously has worked overtime to justify the subversion of democratic governance by the CIA and other spy agencies.
But clearly the lady has by now had enough, given the CIA's recent hacking of her Senate committee's computers in an effort to suppress a key piece of evidence supporting the veracity of the committee's completed but still not released 6,300-page study that the CIA is bent on suppressing.
The Senate's investigation began in earnest with the Dec. 7, 2007, revelation in The New York Times that the CIA had destroyed videotapes of its "enhanced interrogation techniques," despite objections from then-President Bush's director of national security and the White House counsel. At that time, then-committee chair Jay Rockefeller, D-W.Va., sent staffers to begin the painstaking process of reviewing the limited material that the CIA was willing to make available; their preliminary report wasn't issued until early 2009.
By then, Feinstein had assumed the chairmanship and, as she recalled in her Tuesday speech, "The resulting staff report was chilling. The interrogations and the conditions of confinement at the CIA detention sites were far different and far more harsh than the way the CIA had described them to us."
Feinstein on the Intel Committee's CIA ReportSenator Dianne Feinstein spoke on the Senate floor on March 11, 2014, about the Senate Intelligence Committee's study of the ...
Feinstein, ostensibly backed by new President Barack Obama, who had campaigned as an opponent of the CIA's methods, obtained the committee's bipartisan backing for an expanded investigation. But the CIA, led at the time by Obama appointee Leon Panetta, the former Democratic congressman, put numerous logistical obstacles in the way of the Senate investigation.
As Feinstein pointed out, "the CIA hired a team of outside contractors--who otherwise would not have had access to these sensitive documents--to read, multiple times, each of the 6.2 million pages of documents produced, before providing them to fully-cleared committee staff conducting the committee's oversight work. This proved to be a slow and very expensive process."
It was so slow that the committee's investigation has only now been completed. Along the way, documents that Senate staffers found interesting would then mysteriously disappear from the system. One such set of disappeared documents, referred to as the "Internal Panetta Review," is now at the center of the CIA hacking scandal.
The Panetta Review became relevant in June, when the CIA offered its critique of the Senate study. But as Feinstein points out, "Some of those important parts that the CIA now disputes in our committee study are clearly acknowledged in the CIA's own Internal Panetta Review. To say the least, this is puzzling. How can the CIA's official response to our study stand factually in conflict with its own Internal Review?"
Relations between the Senate committee responsible for oversight of the CIA and the agency were so poor that, as Feinstein states, "after noting the disparity between the official CIA response to the committee study and the Internal Panetta Review, the committee staff securely transported a printed portion of the draft Internal Panetta Review from the committee's secure room at the CIA-leased facility to the secure committee spaces in the Hart Senate Office Building."
Feinstein defended the committee staff's spiriting information away from the CIA:
"As I have detailed, the CIA has previously withheld and destroyed information about its Detention and Interrogation Program. ... There was a need to preserve and protect the Internal Panetta Review in the committee's own secure spaces."
The response of the CIA was to hack the computers that Senate staffers had been using at the CIA off-site location, and the agency's acting general counsel filed a crimes report with the Department of Justice against the Senate committee's staff.
That was too much for Feinstein, who outed the CIA's counsel:
"I should note that for most, if not all, of the CIA's Detention and Interrogation Program, the now acting general counsel was a lawyer in the CIA's Counterterrorism Center--the unit within which the CIA managed and carried out this program. From mid-2004 until the official termination of the Detention and Interrogation Program in January 2009, he was the unit's chief lawyer. He is mentioned by name more than 1,600 times in our study. And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff--the same congressional staff who researched and drafted a report that details how CIA officers--including the acting general counsel himself--provided inaccurate information to the Justice Department about the program."
Enough said, except that White House spokesman Jay Carney put the president on the side of those like current CIA Director John Brennan covering up torture: "The president has great confidence in John Brennan and confidence in our intelligence community and in our professionals at the CIA." It's something that George W. Bush would have said.