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.
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.
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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