Connect with us

Politics

What a new report shows about Justice Alito in a Jan. 6 Supreme Court case

Published

on

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

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.

Read More

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Politics

Note to Our Readers

Published

on

Note to Our Readers

Blue Light News has been the subject of debate on X this week. Some of it has been misinformed, and some of it has been flat-out false. Let’s set the record straight.

Blue Light News is a privately owned company. We have never received any government funding—no subsidies, no grants, no handouts. Not one dime, ever, in 18 years.

Millions of people around the world read our journalism on POLITICO.com, Blue Light News. EU, and in newsletters like this one. It is supported by advertising and sponsorships.

Blue Light News Pro is different. It is a professional subscription service used by companies, organizations, and, yes, some government agencies. They subscribe because it makes them better at their jobs—helping them track policy, legislation, and regulations in real-time with news, intelligence, and a suite of data products. At its core, Blue Light News Pro is about transparency and accountability: Shining a light on the work of the agencies, regulators, and policymakers throughout our vast federal government. Businesses and entities within the government find it useful as they navigate the chaotic regulatory and legislative landscape. It’s that simple.

Most Blue Light News Pro subscribers are in the private sector. They come from across the ideological spectrum and subscribe for one reason: value. And 90% renew every year because they rely on our reporting, data, and insights.

Government agencies that subscribe do so through standard public procurement processes—just like any other tool they buy to work smarter and be more efficient. This is not funding. It is a transaction—just as the government buys research, equipment, software, and industry reports. Some online voices are deliberately spreading falsehoods. Let’s be clear: Blue Light News has no financial dependence on the government and no hidden agenda. We cover politics and policy—that’s our job.

We are so proud of our journalists and so proud of the connection we have with you, our readers.

We stand by our work, our values, and our commitment to transparency, accountability, and efficiency—the same principles that drive great journalism and great business.

Now, back to work.

Goli Sheikholeslami and John Harris

Continue Reading

Politics

Dems attack Elon Musk after DOGE gains access to sensitive data

Published

on

Dems attack Elon Musk after DOGE gains access to sensitive data

lead image

Continue Reading

Politics

Democrats zero in on Musk as a way to attack Trump

Published

on

Democrats are starting to wake up and sketch out a plan to help them win back the working class: Turn the world’s richest person into their boogeyman.

They’ve set their sights on holding Elon Musk to account. Armed with new polling showing Musk’s popularity in the toilet, key Democratic leaders are going after the top Trump adviser who is dismantling the federal government. They are attempting to subpoena him and introducing legislation to block him from receiving federal contracts while he holds a “special” role leading Trump’s cost-cutting crusade.

In a sign of how toxic Democrats believe Musk is, battleground Rep. Jared Golden (D-Maine) called Musk an “unelected, weirdo billionaire” and said he has “been getting a lot of calls over the past few days” about him. Golden is a moderate who represents Trump country.

Even Rep. Ro Khanna (D-Calif.), who represents Silicon Valley and has had a relationship with Musk for years, is distancing himself from him. Khanna posted on X on Wednesday that Musk’s “attacks on our institutions are unconstitutional.” Khanna previously likened Musk to Franklin D. Roosevelt’s “dollar-a-year men,” the corporate leaders who helped the government mobilize for WWII, and said he texts with him.

Rep. Ro Khanna (D-Calif.) is seen during the ceremonial roll call on the second night of the Democratic National Convention at the United Center in Chicago on Aug. 20, 2024.

Democrats are also protesting him in Washington, making the calculation that the idea of an unelected billionaire wreaking chaos on the bureaucracy will be unpopular with voters. And they have some data fueling their efforts.

New internal polling, conducted on behalf of House Majority Forward, a nonprofit aligned with House Democratic leadership, found Musk is viewed negatively among 1,000 registered voters in battleground districts. Just 43 percent approve of him and 51 percent view him unfavorably. The poll, conducted by the Democratic firm Impact Research and completed between Jan. 19 to 25, also found that Musk evoked strong negative feelings. Of the 51 percent who disapproved of him, 43 percent did so strongly.

The survey isn’t a one-off, either. An Economist/YouGov poll published on Wednesday also found Musk’s approval rating underwater, 43 percent favorable to 49 percent unfavorable.

In the Democrats’ internal polling, pollsters asked respondents for their thoughts on “the creation of a government of the rich for the rich by appointing up to nine different billionaires to the administration,” and found 70 percent opposed with only 19 percent in support — a stat that suggests Democrats have landed on a message that could gain traction with swing voters.

That data and focus groups held by House Majority Forward helped bring attacks on the administration into focus: Democrats “shouldn’t chide Musk, Trump, and others for being rich,” the group wrote, but point out Musk’s conflicts of interests as head of DOGE and note that he could undermine key safety net programs to enrich himself at the expense of American taxpayers.

“Participants laud Musk’s business acumen and aren’t opposed to the ideals of DOGE,” HMF found. But “Musk’s relationship with Trump – who they view as inherently pro-big business” makes them wary that billionaire’s cuts “could include programs such as Medicare, Medicaid, and Social Security.”

Continue Reading

Trending