Sen Sheldon Whitehouse accuses Justice Samuel Alito of impropriety before Trump's immunity claim decision

Sen Sheldon Whitehouse pointed at Justice Samuel Alito's 'ex-parte' communication, or, speaking with a judge about a case disregarding procedures
PUBLISHED JUN 10, 2024
Senator Sheldon Whitehouse has questioned SCOTUS Justice Samuel Alito about an interview from the previous year (Getty Images)
Senator Sheldon Whitehouse has questioned SCOTUS Justice Samuel Alito about an interview from the previous year (Getty Images)

MANHATTAN, NEW YORK: A Democratic member of the Senate Judiciary Committee accused a conservative Supreme Court justice of impropriety before a much-awaited and crucial decision on former President Donald Trump's immunity claim.

Senator Sheldon Whitehouse has questioned Justice Samuel Alito about an interview from the previous year that "raised several problems" in a follow-up letter, according to Fox News.

WASHINGTON, DC - MARCH 7: Sen. Sheldon Whitehouse (D-RI) speaks during a news conference following a closed-door lunch meeting with Senate Democrats at the U.S. Capitol on March 7, 2023 in Washington, DC. Senate Majority Leader Chuck Schumer said he will vote yes on a resolution to block a recent District of Columbia crime bill. (Photo by Drew Angerer/Getty Images)
Senator Sheldon Whitehouse has questioned Justice Samuel Alito about an interview from the previous year that 'raised several problems' in a follow-up letter (Getty Images)

What did Sen Sheldon Whitehouse write in the letter?

"In that interview, you opined on questions related to Congress's authority over judicial, and more specifically Supreme Court, ethics concerns," the three-term Rhode Island Democrat recalled in his June 7 letter.

The most recent letter is the result of the latest correspondence between Justice Alito, Sen Whitehouse, Chief Justice John Roberts, and Chairman of the Senate Judiciary Committee Dick Durbin, D-Ill.

Following the Capitol riot on January 6, the senators wrote to the justices requesting that Alito recuse himself from cases of the 2020 election, including the issue of Trump's immunity.

This was due to revelations that his homes were showing an upside-down American flag and an 'Appeal to Heaven' flag. Alito however resisted their calls to recuse himself from the cases.

 WASHINGTON, DC - MARCH 07: U.S. Supreme Court Associate Justice Samuel Alito testifies about the court's budget during a hearing of the House Appropriations Committee's Financial Services and General Government Subcommittee March 07, 2019 in Washington, DC. Members of the subcommittee asked the justices about court security, televising oral arguments and codes of ethics for the court. (Photo by Chip Somodevilla/Getty Images)
Following the Capitol riot on January 6, the senators wrote to the justices requesting that Justice Samuel Alito recuse himself from cases of the 2020 election, including the issue of Donald Trump's immunity (Getty Images)

Sen Sheldon Whitehouse's accusations last year

Alito was interviewed by lawyer David Rivkin and WSJ editorial features editor James Taranto for an opinion piece published in the Wall Street Journal on July 20, 2023. "From the outside, it looks like the attorney recruited you to prop up his legal case against our investigation, using the interview to advance the argument he and several colleagues were making," Whitehouse accused.

He asserted that the subjects covered in the interview were chosen to obstruct the Democratic-led Judiciary Committee's efforts to advance legislation imposing a Supreme Court code of conduct.

"I would add that the argument in question had not fared well at the Judiciary Committee's mark-up of our Supreme Court ethics bill, and your interview supporting the argument appeared within days. The interview seemed both solicited and timed for effect in the ongoing dispute," the senator said.

Sen Sheldon Whitehouse complained to Chief Justice John Roberts

Whitehouse lodged a complaint to Chief Justice Roberts about the article months later, in which he claimed Alito's remarks in the article "violate several canons of judicial ethics, including standards the Supreme Court has long applied to itself."

(Facebook/Senator Sheldon Whitehouse)
Senator Sheldon Whitehouse complained that Justice Samuel Alito's remarks in the article 'violate several canons of judicial ethics, including standards the Supreme Court has long applied to itself' (Facebook/Senator Sheldon Whitehouse)

In addition, Whitehouse accused Alito of engaging in "ex-parte" communication, that is, speaking with a judge about a case while not following the formal procedures.

Sen Sheldon Whitehouse also faced the same accusation recently 

Strikingly, Whitehouse was recently charged with possibly participating in ex-parte communications regarding his multiple communiques with the justices.

"These senators are telling the chief justice, privately, to change the course of pending litigation," Senate Minority Leader Mitch McConnell, R-Ky, said of Whitehouse and Sen Richard Blumenthal, D-Conn, in a recent floor speech, referring to their demands of Supreme Court justices. 

The Supreme Court is expected to issue its ruling in Trump v United States before the end of June, answering the question of "whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."

NEW YORK, NEW YORK - APRIL 19: Former U.S. President Donald Trump speaks to the media at the end of the day during his criminal trial as jury selection continues at Manhattan Criminal Court on April 19, 2024 in New York City. Trump was charged with 34 counts of falsifying business records last year, which prosecutors say was an effort to hide a potential sex scandal, both before and after the 2016 presidential election. Trump is the first former U.S. president to face trial on criminal charges. (Photo by Maansi Srivastava - Pool/Getty Images)
The Supreme Court is expected to issue its ruling in Donald J Trump v United States before the end of June (Getty Images)

Netizens react after Sen Sheldon Whitehouse accuses Justice Samuel Alito of impropriety

Internet users gave their opinions after Whitehouse blamed Justice Alito of impropriety before a much-anticipated decision on Trump's immunity claim. One X (formerly Twitter) user penned, "He's still got a chip on his shoulder about that one. Like anyone really cares at this point. Move on, dude." 

Another wrote, "How about a viral video series where people act out famous Supreme Court cases in everyday situations? Imagine Alito ordering a coffee at Starbucks!"

"The Democrats need to stand down and stay in their Lane. If judge Merchan with all of his very obvious influential bias is allowed to hold judgment over Trump then a SCOTUS Judge Alito, who is much more qualified, has the absolute right to sit on that bench and rule on anything," opined one. 

"It doesn't seem that Sheldon Whitehouse has any respect for the judicial process and our Constitution as the supreme law of the land!" another chimed in.

"After lecturing Alito about ethics, Whitehouse proceeded to trade in certain stocks after learning of favorable federal policies that will be enacted but haven't yet been announced to the public," wrote one user.



 



 



 



 



 

This article contains remarks made on the Internet by individual people and organizations. MEAWW cannot confirm them independently and does not support claims or opinions being made online.

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