Supreme Court Justice Samuel Alito spoke with Donald Trump on the phone about a job recommendation for a court clerk. 

Alito said his former clerk asked him to talk to Trump about a White House role. Alito said he was not aware at the time of Trump's emergency application asking the Supreme Court to pause his sentencing in his New York criminal case, which was filed the day after the phone call.

“I agreed to discuss this matter with President-elect Trump, and he called me yesterday afternoon,” Alito added. “We did not discuss the emergency application he filed today, and indeed, I was not even aware at the time of our conversation that such an application would be filed.”

Alito phone call

Gabe Roth, executive director of the advocacy group Fix the Court, called the call "an unmistakable breach of protocol."

"No person, no matter who they are, should engage in out-of-court communication with a judge or justice who's considering that person's case," Roth said.

The Supreme Court's conservatives - and Alito in particular - have repeatedly been targeted by progressives over alleged conflicts of interest, both financial and political in nature.

Alito rejected pressure to recuse himself from January 6th cases last year as he faced outrage over flags he flew at his home.

Conservative Carrie Severino, of the Judicial Crisis Network, said the backlash over Alito's phone call with Trump is another manufactured scandal motivated by politics.

"The Left is once again making up fake ethics rules as a way to smear a justice who they despise for authoring the Dobbs opinion and faithfully following the Constitution," she said.

Trump's emergency request

Lawyers for Trump have asked the Supreme Court to freeze his sentencing in New York, which was abruptly scheduled last week by trial judge Juan Merchan in a shock move.

Trump's legal team argues the conviction wrongly made use of "official acts" as evidence, which they say was prohibited by the Supreme Court's landmark ruling last year on presidential immunity. They also say that the sentencing will disrupt the presidential transition, jeopardizing Trump's ability to discharge his duties as president.

While Merchan is not expected to impose jail time or fines, his sentencing will leave a blemish on Trump's record just as he is preparing to take back the reins of government - which could sully his image on the world stage to the detriment of the American people.

"Forcing President Trump to prepare for a criminal sentencing in a felony case while he is preparing to lead the free world as President of the United States in less than two weeks imposes an intolerable, unconstitutional burden on him that undermines these vital national interests," Trump's lawyers wrote.