Politics
What a new report shows about Justice Alito in a Jan. 6 Supreme Court case
One of the many big stories of this past Supreme Court term is Justice Samuel Alito’s refusal to recuse himself from Jan. 6-related cases, despite the appearance of improprietyfrom flags flying at his homes that Jan. 6 rioters also carried. A new report from The New York Times sheds more light on the situation, painting a potentially even more damning picture of the episode.
The Times reported Sunday that Alito was originally assigned by Chief Justice John Roberts to write the majority opinion in Fischer v. United States, the case that narrowed obstruction charges against Jan. 6 defendants. The appeal didn’t involve Donald Trump directly, but some of the Republican presidential nominee’s charges in his federal election interference case involve alleged obstruction, so he could benefit from the Fischer decision as well.
But according to the Times, Roberts took over the opinion shortly after the Times reported in May that an upside-down flag — a symbol of the Stop the Steal movement — flew outside Alito’s home following the Jan. 6 attack on the Capitol. We already knew that Roberts authored the 6-3 ruling in Fischer, published June 28which Alito joined. But Alito initially being assigned by Roberts to write it is a new detail. When he’s in the majority, the chief has the power to assign who writes the opinion; otherwise, it’s the senior-most justice.
NBC News and BLN have not independently confirmed the Times report, which also explored the rulings granting Trump broad criminal immunity and keeping him on the presidential ballot despite the Constitution’s insurrectionist ban. The report said it’s based on “justices’ private memos, documentation of the proceedings and interviews with court insiders, both conservative and liberal, who spoke on the condition of anonymity because deliberations are supposed to be kept secret.”
So why did Roberts reportedly make the highly unusual move of taking the Fischer opinion from Alito? The Times reported:
Who initiated the change, and why, is not clear. The switch came days after The Times reported that an upside-down flag, a symbol of the Stop the Steal movement, had flown outside the Alito home following the Capitol attack. While that timing is suggestive, it is unclear whether the two are linked. (All nine justices declined to respond to written questions from The Times, a Supreme Court spokeswoman said.)
But if the change in authorship was motivated at all by the appearance of impropriety of Alito authoring a Jan. 6-related opinion while facing recusal calls, then that should have been a sign to Roberts and Alito that Alito had no business sitting on the case.
That is, if potential concern with making Alito the face of a pro-Jan. 6 defendant ruling was enough to take away the opinion’s authorship from him, then that same concern should have led to Alito not participating in the case, whether he was the author of the opinion or not. (The court did not immediately respond to my questions about the Times report regarding authorship and motivations behind Roberts’ reported reassignment.)
If Roberts thought that taking over the opinion would avoid appearance concerns, he actually has only made things worse.
Subscribe to theDeadline: Legal Newsletterfor updates and expert analysis on the top legal stories. The newsletter will return to its regular weekly schedule when the Supreme Court’s next term kicks off in October.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.
Politics
Pritzker helped a Black woman become senator. Some Black leaders are still mad at him.
Congressional Black Caucus members, after a stinging loss in the Illinois Democratic Senate primary, are training their ire on Gov. JB Pritzker — and saying it’s on him to rehabilitate the relationship.
After Pritzker’s outsized financial support for Lt. Gov. Juliana Stratton helped lift her to victory, lawmakers vented frustrations that his money unfairly tilted the race in her favor and away from their candidate, Rep. Robin Kelly, a CBC member who finished a distant third. And as Pritzker eyes a 2028 presidential bid, some members, cognizant that the path to winning the Democratic Party’s nomination will run through the caucus, signaled they won’t forget that he crossed them this round.
“He has to justify what he did,” said Rep. Bennie Thompson (D-Miss.). “I’m sure at some point if he decides to run, he’ll have to come with that justification. As to whether or not it has merit or not, remains to be seen.”
Pritzker’s money helped put Stratton on the path to becoming just the sixth Black senator in U.S. history. But by boxing out Kelly, he frayed his relationship with the caucus, which holds significant sway over which candidates break through with Black voters — a large and powerful voting bloc the billionaire governor will need if he chooses to run for the White House.
“Keep in mind, the Democratic candidate for president that prevails has to go through [the CBC],” said Rep. Joyce Beatty (D-Ohio). “The CBC is very strategic and so if there is an issue … we will lay out our framework for what it will take” to get our endorsement, she added.
Many top CBC officials are in no rush to make the first move to mend fences.
“We don’t need to reach out to the governor,” said Rep. Gregory Meeks (D-N.Y.) who chairs the Congressional Black Caucus PAC, adding that the group is focused on midterm races and delivering House Minority Leader Hakeem Jeffries the speaker’s gavel.
“Others are going to have to reach out to us,” he said of Pritzker. “Those conversations happen when those conversations happen.”
Pritzker’s political arm issued a statement in response saying he was “proud” to support Stratton, Illinois’ first Black lieutenant governor: “With only six black women having served in the U.S. Senate throughout its history, Gov. Pritzker supported his partner in governance because he’s worked side by side with her for almost a decade and knows she will deliver for the people of Illinois,” Jordan Abudayyeh, Pritzker’s spokesperson, said.
His team did not address questions about CBC members’ concerns, but did point to Rep. Jim Clyburn, the powerful South Carolina Democrat, saying ahead of the election that Pritzker was “free to support” anyone.
Clyburn on Wednesday told Blue Light News he would “expect” for Pritzker to support his No. 2 and that he was not focused on 2028.
Still, lawmakers’ veiled threats lay bare the difficulties Pritzker could face beyond Tuesday’s primary. And they underscore the duality the CBC is navigating as high-profile defeats of their members in Illinois and Texas raise questions about their political influence — even as they celebrate Stratton’s victory.
In interviews with more than a dozen CBC members on Wednesday, they made clear their irritation is not with Stratton, who many said will be welcomed into the caucus if she wins as expected in November. Their indignation rests solely with Pritzker, who they accused of playing kingmaker by pouring millions of dollars into propping up Stratton.
Tensions flared between the powerful legislative voting bloc and the billionaire governor in early March. CBC Chair Yvette Clarke lashed out at Pritzker, saying she was “beyond frustrated” with the governor for “tipping the scales” a nod to his funneling of $5 million from his super PAC to help catapult Stratton into contention with Rep. Raja Krishnamoorthi, who for much of the primary was leading in the polls and started with a massive cash advantage.
Many CBC members, and Clarke specifically, took Pritzker’s presence in the race as a snub to Kelly, who had a long-standing beef with Pritzker after he worked to oust her as chair of the Illinois Democratic Party in 2022. While both Kelly and Pritzker were said to have moved beyond it, the Senate campaign reopened old wounds.
Clarke issued a statement — some 12 hours after the Illinois Senate primary was called — to congratulate Stratton on her victory, calling it “a significant moment for Illinois and the nation that calls for unity” before pivoting to praise Kelly.
The CBC chair on Wednesday said she and Pritzker had not spoken.
“I’m sure there’ll be a moment where we’ll have a conversation,” Clarke said. When asked if she felt like she needed to initiate a conversation with the governor, she responded tersely. “No, I don’t.”
Former Illinois Sen. Carol Moseley Braun, the first Black woman elected to the body in U.S. history, endorsed Stratton in the race. She took issue with CBC members’ intense focus on the governor’s role in the process instead of the historic outcome, and said the group seemed more focused on backing its own than expanding Black representation.
“To weigh in on this race was just backwards,” she told Blue Light News. “[Kelly] was a member of the caucus and so it’s understandable on that level. But at the same time, Juliana deserved at least something from that group.”
Many current CBC members refrained from attacking Pritzker directly, however — another sign of the complex politics at play. Congressional Democrats want Pritzker’s billions to help bankroll their bid to retake control of the House and make Jeffries, the minority leader and New York Democrat, the first Black speaker. They’ve already been working him behind the scenes.
“I’ve already reached out to Governor Pritzker,” said Rep. Steven Horsford (D-Nev.), a former CBC chair. “I’ve talked to him this morning, in fact, and I’ll talk to him in the weeks and months to come, because I have one objective: to win this House, to help win the Senate, and to make sure we end the chaos that’s coming out of this administration.”
Others took pains to separate their evaluation of Pritzker’s role in propelling Stratton to victory from any campaign he may run in 2028, suggesting they were willing to reset the relationship.
“You will still have to show your bona fides, and you still will have to make your case as to why the CBC and Black people should take you into consideration. So we have reset it,” Rep. Sydney Kamlager-Dove (D-Calif.) said. “Good for him, for her, but that has no bearing on the 2028 race.”
Shia Kapos contributed to this report.
Politics
Judge orders restoration of Voice of America
NEW YORK (AP) — A federal judge on Tuesday ordered the Trump administration to restore the government-run Voice of America’s operations after it had effectively been shut down a year ago, putting hundreds of employees who have been on administrative leave back to work.
U.S. District Court Judge Royce C. Lamberth gave the U.S. Agency for Global Media a week to put together a plan for putting Voice of America on the air. It has been operating with a skeleton staff since President Donald Trump issued an executive order to shut it down.
A week ago, Lamberth said Kari Lake, who had been Trump’s choice to lead the agency, did not have the legal authority to do what she had done at Voice of America. In Tuesday’s decision, Lamberth ruled on the actions she had taken to respond to Trump’s order, essentially shelving 1,042 of VOA’s 1,147 employees.
“Defendants have provided nothing approaching a principled basis for their decision,” Lamberth wrote.
There was no immediate comment on the decision by the agency overseeing Voice of America. Lake had denounced Lamberth’s March 7 ruling, saying it would be appealed. Since then, Trump nominated Sarah Rogers, the undersecretary of state for public diplomacy, to run USAGM. That requires Senate approval, a step that was not taken with Lake.
Patsy Widakuswara, Voice of America’s White House bureau chief and a plaintiff in the lawsuit to restore it, said she is deeply grateful for the decision.
“We are eager to begin repairing the damage Kari Lake has inflicted on our agency and our colleagues, to return to our congressional mandate, and to rebuild the trust of the global audience we have been unable to serve for the past year,” she said.
“We know the road to restoring VOA’s operations and reputation will be long and difficult,” she said. “We hope the American people will continue to support our mission to produce journalism, not propaganda.”
Voice of America has transmitted news coverage to countries around the world since its formation in World War II, often in countries with no tradition of a free press. Before Trump’s executive order, VOA had operated in 49 different languages, broadcasting to 362 million people.
Politics
Judge orders restoration of Voice of America
NEW YORK (AP) — A federal judge on Tuesday ordered the Trump administration to restore the government-run Voice of America’s operations after it had effectively been shut down a year ago, putting hundreds of employees who have been on administrative leave back to work.
U.S. District Court Judge Royce C. Lamberth gave the U.S. Agency for Global Media a week to put together a plan for putting Voice of America on the air. It has been operating with a skeleton staff since President Donald Trump issued an executive order to shut it down.
A week ago, Lamberth said Kari Lake, who had been Trump’s choice to lead the agency, did not have the legal authority to do what she had done at Voice of America. In Tuesday’s decision, Lamberth ruled on the actions she had taken to respond to Trump’s order, essentially shelving 1,042 of VOA’s 1,147 employees.
“Defendants have provided nothing approaching a principled basis for their decision,” Lamberth wrote.
There was no immediate comment on the decision by the agency overseeing Voice of America. Lake had denounced Lamberth’s March 7 ruling, saying it would be appealed. Since then, Trump nominated Sarah Rogers, the undersecretary of state for public diplomacy, to run USAGM. That requires Senate approval, a step that was not taken with Lake.
Patsy Widakuswara, Voice of America’s White House bureau chief and a plaintiff in the lawsuit to restore it, said she is deeply grateful for the decision.
“We are eager to begin repairing the damage Kari Lake has inflicted on our agency and our colleagues, to return to our congressional mandate, and to rebuild the trust of the global audience we have been unable to serve for the past year,” she said.
“We know the road to restoring VOA’s operations and reputation will be long and difficult,” she said. “We hope the American people will continue to support our mission to produce journalism, not propaganda.”
Voice of America has transmitted news coverage to countries around the world since its formation in World War II, often in countries with no tradition of a free press. Before Trump’s executive order, VOA had operated in 49 different languages, broadcasting to 362 million people.
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