The House GOP Clown Show Rolls Right Off The Cliff

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.

Craziest House Majority Evah?

It’s been a while since we checked in on the goings-on with the House GOP majority and … what in the holy hell, y’all?

  • Voted to censure Rep. Adam Schiff (D-CA) for his role in investigating Donald Trump;
  • Embroiled in internal fight over impeaching President Joe Biden;
  • Rep. Marjorie Tayor Greene (R-GA) called Rep. Lauren Boebert (R-CO) a “bitch” or a “little bitch” (accounts vary) on the House floor; and
  • Ripped into corrupt Special Counsel John Durham for not being corrupt enough.

And that was just another Wednesday on the House side of the Hill.

Let’s break it down.

House GOP Gets Its Schiff Revenge

The GOP-controlled House voted Wednesday to censure Rep. Adam Schiff (D-CA) – a top-tier candidate in the Democratic primary for U.S. Senate in California – for his role in investigating President Donald Trump. It also referred Schiff to the Ethics Committee for investigation. The final vote was 213-209, with Rep. Ken Buck (R-CO) and the five GOP members of the House ethics panel voting “present.”

The censure resolution was sponsored by freshman Rep. Anna Paulina Luna (R-FL).

There was no legitimate basis for the censure or the Ethics Committee referral. This was pure political payback for Schiff’s role in the first Trump impeachment and other investigations.

“Adam Schiff launched an all-out political campaign built on baseless distortions against a sitting U.S. president,” Luna said.

Democrats rallied to Schiff’s defense, and House Republicans were an easy mark:

For his part, Schiff took the political vengeance in stride:

Schiff was required to stand in the well of the House chamber and receive a verbal rebuke, whereupon Democratic members surrounded him in support and started chanting “SHAME!”

Biden Impeachment Push Foiled

Speaker Kevin McCarthy (R-CA) reached a deal with Rep. Lauren Boebert (R-CO) that avoids a House floor vote today on impeaching President Biden on a bogus claim of “high crimes and misdemeanors” for failing to control the Southern border.

The deal, such as it is, kicks the impeachment resolution to Judiciary and Homeland Security committees and pushes off any floor vote.

McCarthy had been whipping against the resolution, which was not expected to pass anyway.

Bitch Or Little Bitch?

The tensions over the Biden impeachment resolution spilled out on the House floor where its sponsor, Rep. Lauren Boebert (R-CO), was seen in a vigorous exchange with Rep. Marjorie Taylor Greene (R-GA):

The Daily Beast reported some of the details of the kindergarten-level exchange, in which Boebert confronted Greene over mean things she said about her and Greene accused Boebert of copying her articles of impeachment against Biden:

All three of the sources said Greene called Boebert a “bitch.” One of the sources said Greene called her “a little bitch.”

Neither member denied the substance of the exchange when asked about it later by reporters:

Gaetz Goes After Durham For Not Doing Enough

While the GOP majority’s antics played out on the House floor, things weren’t much better over in committee.

Special Counsel John Durham, dispatched by then-Attorney General Bill Barr to do his dirty work in investigating the Mueller investigation, was confronted by Rep. Matt Gaetz (R-FL), himself only recently out from under a federal sex trafficking investigation, for not going far enough in his poisonous mission to protect Trump:

Durham Gets Grilled By Democrats

Special Counsel John Durham, whose bogus investigation of the Mueller investigators yielded two acquittals at trial, came off as prickly, defensive, sullen, and poorly versed in the details when confronted by Democrats on the House Judiciary Committee about the substance of his probe.

Here’s a representative sample of Durham’s hard slog through his testimony:

And There’s Still George Santos …

We could learn as early as this afternoon the identities of the guarantors of the surety bond that is keeping Rep. George Santos (R-NY) out of jail pending his trial on federal fraud charges. Santos has fought to keep the names from becoming public, even vowing to go to jail rather than have them be disclosed.

Jacob Testifies Against Eastman

Greg Jacob, then-Vice President Mike Pence’s chief counsel on Jan. 6, was the star witness Wednesday in the California disbarment proceedings against Trump coup architect John Eastman.

Eastman was emailing with Jacob even as the Capitol was under attack with Pence inside, exhorting them to execute his plan to delay the Electoral College certification, to which Jacob famously responded: “Thanks to your bullshit we are now under siege.”

Jan. 6 Defendant Goes Down Hard

The Jan. 6 rioter who used a stun gun on DC police officer Michael Fanone received one of the stiffest sentences meted out so far, but not before one last hurrah:

A Donald Trump supporter who drove a stun gun into the neck of a Washington police officer who was abducted by the mob during the Jan. 6 attack on the U.S. Capitol shouted “Trump won” after he was sentenced to 12½ years in prison Wednesday, multiple people present in the courtroom said.

The Bedminster Mystery

The Guardian:

The suspicion that Trump travelled with classified documents between Mar-a-Lago, his winter residence, and Bedminster, his summer residence, started early in the criminal investigation that intensified after the FBI search and culminated in Trump being accused of violating the Espionage Act.

Must Read

TPM’s Josh Kovensky went back and reviewed the representations that Trump and his attorneys made to U.S. District Judge Aileen Cannon during his ill-fated civil lawsuit to block the criminal investigation of his retention of government documents at Mar-a-Lago. It’s a helluva read with the benefit of hindsight.

Jack Smith Is Hustling In MAL Case

Legal experts took note of how quickly Special Counsel Jack Smith is turning over pre-trial materials, including grand jury witness testimony, to Trump, another sign that Smith is determined to try to get this case to trial before the 2024 election.

Worth A Read

A FBI analyst was sentenced yesterday to nearly four years in prison for taking home classified documents in a case with eery parallels to the Trump Mar-a-Lago case, including stashing documents in the bathroom. A good thread on the case and the parallels:

Freemans Cleared In Georgia Probe

NBC News:

Georgia’s State Election Board dismissed its yearslong investigation into alleged election fraud at the State Farm Arena in Atlanta, more than two years after conspiracy theorists — and then-President Donald Trump — claimed that Freeman and her daughter had committed election fraud in the 2020 presidential election.

The fraud claims were “unsubstantiated and found to have no merit,” the investigation concluded, reporting on the work of the FBI, the Georgia Bureau of Investigations and investigators from the Secretary of State’s office vetting the alleged fraud.

Two years is a long time.

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We’re In a Mad Dash for $350k

The first week of these drives is always the biggest. We’re now coming to the end of week two. To keep on track we really, really, really want to get to $350,000 by the end of two weeks. Right now we’re at $320,665. I’ve emailed with a number of you who’ve told me you haven’t had a convenient moment yet but plan to contribute. If that’s you, can you take literally less than two minutes right now and make a contribution of any amount? It truly just takes a moment. If you’re a member you don’t even have to take out your credit card. It’s that simple. Just take a moment literally right now. You can just click here.

Where Things Stand: Another Datapoint On The Energizing Power Of Abortion

The midterm red wave that wasn’t was one thing. Wisconsin’s Supreme Court race was another. 2024 Republicans’ ongoing, awkward, obvious flailing on abortion has confirmed the severity of the dilemma for the party. And the primary elections in Virginia this week bring us the latest datapoint on how potent and energizing the unpopularity of the Dobbs ruling and the passage of increasingly restrictives bans on abortion has been and will be for 2024 voters.

Continue reading “Where Things Stand: Another Datapoint On The Energizing Power Of Abortion”

Please Clap. No, Wait, Please Give!

Okay, we’re creeping up on 2/3rds of the way toward our very ambitious and very necessary goal in this year’s TPM Journalism Fund drive. We’re currently at $318,669. That’s very solid. But we need to keep moving it forward. If you’ve been considering contributing, please take a moment to do so today. It’s quick and easy, especially if you’re a current member. Literally takes about one minute. Just click right here. And thank you in advance.

McCarthy Pours Cold Water On Boebert’s Biden Impeachment Stunt After Hardliner Rebellion

Speaker Kevin McCarthy (R-CA) encouraged House Republicans to vote against Rep. Lauren Boebert’s (R-CO) resolution to force a vote to impeach President Joe Biden this week, just days after Boebert and others in the Freedom Caucus ground legislating to a halt to get even with McCarthy for making a debt ceiling deal with the President, CNN reported.

Continue reading “McCarthy Pours Cold Water On Boebert’s Biden Impeachment Stunt After Hardliner Rebellion”

Report: Michigan GOP Chair Karamo Says Anger Over Tweet Trivializing Holocaust Was ‘Completely Hilarious’

Michigan Republican Party Chairwoman Kristina Karamo downplayed concerns about a tweet from the Michigan GOP account — which compared the Holocaust to gun control measures — during a Republican Party event in May, according to audio obtained by The Daily Beast.

Continue reading “Report: Michigan GOP Chair Karamo Says Anger Over Tweet Trivializing Holocaust Was ‘Completely Hilarious’”

Leonard Leo’s SCOTUS-FedSoc Sponsor Family Program

You’ve likely seen that TPM Alum Justin Elliott and the team at ProPublica is back with another big exclusive about the Supreme Court. This time, for once, Clarence Thomas is in the clear. Now we’re talking about the intemperate and peevish Sam Alito who took an all expenses paid fishing trip to Alaska back in 2008, courtesy of hedge fund billionaire Paul Singer. In a characteristic move, Alito refused to respond to the reporters’ questions and then published his answers as an op-ed in The Wall Street Journal in a kind of prebuttal and attack. Because yes, he’s that guy.

The bulk of the story is a detailed run-down of what Alito did, what a justice needs to disclose and what kind of high-powered gifts should dictate a recusal in cases where Singer had some direct stake — there’ve been a number. But the gem in Alito’s prebuttle op-ed is the explanation of the private jet flight.

Continue reading “Leonard Leo’s SCOTUS-FedSoc Sponsor Family Program”

Sam Alito Is A Peevish, Self-Absorbed Piece Of Work

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.

Makes You Miss Scalia

This is just an unbelievable course of conduct by a sitting justice on the U.S. Supreme Court.

Last evening a head-scratcher of an op-ed appeared in the conservative-friendly confines of the WSJ opinion page, authored by Justice Samuel Alito himself.

It turned out to be an effort by Alito to get ahead of an as-then-yet-to-be-published ProPublica investigative piece about unreported travel and accommodations Alito received on an Alaska fishing trip while a justice. ProPublica published its report later in the evening.

Rather than commenting to ProPublica when it reached out to him for its story, Alito ran to his buddies at the WSJ and launched his defense there, which included a broadside against ProPublica.

A sycophantic editor’s note sat atop the Alito op-ed, with snarky quotes impugning ProPublica (whose founder is former longtime WSJ managing editor Paul Steiger):

Editor’s note: Justin Elliott and Josh Kaplan of ProPublica, which styles itself “an independent, nonprofit newsroom that produces investigative journalism with moral force,” emailed Justice Alito Friday with a series of questions and asked him to respond by noon EDT Tuesday. They informed the justice that “we do serious, fair, accurate reporting in the public interest and have won six Pulitzer Prizes.” Here is Justice Alito’s response:

(I should note that ProPublica reporter Justin Elliott is a TPM alum.)

The op-ed itself is classic Alito: a bundle of peevish insecurity, paranoid defensiveness, hyper-technical word play, and utter lack of self awareness.

My favorite Alito “defense” is his claim that the seat aboard billionaire Paul Singer’s private plane would have otherwise been unoccupied so no additional expense was involved in hauling Alito to Alaska:

I’ll let you dig in to the ProPublica piece and make your own judgment, in part so you can see the Alito fishing pics:

For what it’s worth, I read the ProPublica piece less as an indictment of Alito for failure to report or of the lax ethics rules binding Supreme Court justices and more as a window into the corrupt project to swing the court towards the right:

Leonard Leo, the longtime leader of the conservative Federalist Society, attended and helped organize the Alaska fishing vacation. Leo invited Singer to join, according to a person familiar with the trip, and asked Singer if he and Alito could fly on the billionaire’s jet. Leo had recently played an important role in the justice’s confirmation to the court. Singer and the lodge owner were both major donors to Leo’s political groups.

What it reads to me as: Leonard Leo was trotting out his newly confirmed show pony Samuel Alito in front of the megadonors who fund the conservative legal movement. No amount of ethics rules and regs will crack the foundational corruption of that effort.

GOP Pretends To Lose Its Mind Over Hunter Biden Conviction

The Justice Department is criminally charging the son of the sitting president after the prosecutor appointed by his political opponent was left in place and given extraordinary independence to pursue the case and make the ultimate charging decision – and yet here we go again:

That’s exactly how it played out, with Republicans continuing to politicize the Justice Department as a means of paving the way for their own malfeasance to come:

The speaker of the House, no less, led in the pretend-disbelief performed for public consumption.

The Deep State is at once all-powerful and feckless. Biden is both protecting his son and letting him be convicted. A failure to prosecute is corrupt. So is a decision to prosecute.

And around and around we go.

Eastman On The Hot Seat

The disbarment proceedings against Trump coup architect John Eastman got underway Tuesday in California and are expected to last a couple of weeks.

Flashback

I stumbled across this New Republic article, and it reads a bit differently with the benefit of hindsight:

Note the date.

Taking Eli Lake Down A Peg

Gabriel Schoenfeld: It’s Not the Law’s Fault that Trump Broke It

John Durham To Testify Today

Former Special Counsel John Durham, who led the spectacularly flawed investigation of the Mueller investigators, is set to testify today to the House Judiciary Committee, where he is likely to be welcomed with open arms by committee Republicans.

Poor George Santos

A judge has ordered the public release of the guarantors of the surety bond that is keeping Rep. George Santos (R-NY) out of jail pending his trial on federal fraud charges. The release is set for noon ET Thursday, giving time for the guarantors to withdraw and Santos to find other means of posting the bond. Stay tuned …

Arkansas Anti-Trans Bill Struck Down

A federal judge ruled that Arkansas’ ban on gender-affirming care for minors was unconstitutional.

Out Of Control PC …

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Justice Samuel Alito Took Luxury Fishing Vacation With GOP Billionaire Who Later Had Cases Before the Court

This article first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

In early July 2008, Samuel Alito stood on a riverbank in a remote corner of Alaska. The Supreme Court justice was on vacation at a luxury fishing lodge that charged more than $1,000 a day, and after catching a king salmon nearly the size of his leg, Alito posed for a picture. To his left, a man stood beaming: Paul Singer, a hedge fund billionaire who has repeatedly asked the Supreme Court to rule in his favor in high-stakes business disputes.

Singer was more than a fellow angler. He flew Alito to Alaska on a private jet. If the justice chartered the plane himself, the cost could have exceeded $100,000 one way.

In the years that followed, Singer’s hedge fund came before the court at least 10 times in cases where his role was often covered by the legal press and mainstream media. In 2014, the court agreed to resolve a key issue in a decade-long battle between Singer’s hedge fund and the nation of Argentina. Alito did not recuse himself from the case and voted with the 7-1 majority in Singer’s favor. The hedge fund was ultimately paid $2.4 billion.

Alito did not report the 2008 fishing trip on his annual financial disclosures. By failing to disclose the private jet flight Singer provided, Alito appears to have violated a federal law that requires justices to disclose most gifts, according to ethics law experts.

Experts said they could not identify an instance of a justice ruling on a case after receiving an expensive gift paid for by one of the parties.

“If you were good friends, what were you doing ruling on his case?” said Charles Geyh, an Indiana University law professor and leading expert on recusals. “And if you weren’t good friends, what were you doing accepting this?” referring to the flight on the private jet.

Justices are almost entirely left to police themselves on ethical issues, with few restrictions on what gifts they can accept. When a potential conflict arises, the sole arbiter of whether a justice should step away from a case is the justice him or herself.

ProPublica’s investigation sheds new light on how luxury travel has given prominent political donors — including one who has had cases before the Supreme Court — intimate access to the most powerful judges in the country. Another wealthy businessman provided expensive vacations to two members of the high court, ProPublica found. On his Alaska trip, Alito stayed at a commercial fishing lodge owned by this businessman, who was also a major conservative donor. Three years before, that same businessman flew Justice Antonin Scalia, who died in 2016, on a private jet to Alaska and paid the bill for his stay.

Such trips would be unheard of for the vast majority of federal workers, who are generally barred from taking even modest gifts.

Leonard Leo, the longtime leader of the conservative Federalist Society, attended and helped organize the Alaska fishing vacation. Leo invited Singer to join, according to a person familiar with the trip, and asked Singer if he and Alito could fly on the billionaire’s jet. Leo had recently played an important role in the justice’s confirmation to the court. Singer and the lodge owner were both major donors to Leo’s political groups.

ProPublica’s examination of Alito’s and Scalia’s travel drew on trip planning emails, Alaska fishing licenses, and interviews with dozens of people including private jet pilots, fishing guides, former high-level employees of both Singer and the lodge owner, and other guests on the trips.

ProPublica sent Alito a list of detailed questions last week, and on Tuesday, the Supreme Court’s head spokeswoman told ProPublica that Alito would not be commenting. Several hours later, The Wall Street Journal published an op-ed by Alito responding to ProPublica’s questions about the trip.

Alito said that when Singer’s companies came before the court, the justice was unaware of the billionaire’s connection to the cases. He said he recalled speaking to Singer on “no more than a handful of occasions,” and they never discussed Singer’s business or issues before the court.

Alito said that he was invited to fly on Singer’s plane shortly before the trip and that the seat “​​would have otherwise been vacant.” He defended his failure to report the trip to the public, writing that justices “commonly interpreted” the disclosure requirements to not include “accommodations and transportation for social events.”

In a statement, a spokesperson for Singer told ProPublica that Singer didn’t organize the trip and that he wasn’t aware Alito would be attending when he accepted the invitation. Singer “never discussed his business interests” with the justice, the spokesperson said, adding that at the time of trip, neither Singer nor his companies had “any pending matters before the Supreme Court, nor could Mr. Singer have anticipated in 2008 that a subsequent matter would arise that would merit Supreme Court review.”

Leo did not respond to questions about his organizing the trip but said in a statement that he “would never presume to tell” Alito and Scalia “what to do.”

This spring, ProPublica reported that Justice Clarence Thomas received decades of luxury travel from another Republican megadonor, Dallas real estate magnate Harlan Crow. In a statement, Thomas defended the undisclosed trips, saying unnamed colleagues advised him that he didn’t need to report such gifts to the public. Crow also gave Thomas money in an undisclosed real estate deal and paid private school tuition for his grandnephew, who Thomas was raising as a son. Thomas reported neither transaction on his disclosure forms.

The undisclosed gifts have prompted lawmakers to launch investigations and call for ethics reform. Recent bills would impose tighter rules for justices’ recusals, require the Supreme Court to adopt a binding code of conduct and create an ethics body, which would investigate complaints. Neither a code nor an ethics office currently exists.

“We wouldn’t tolerate this from a city council member or an alderman,” Sen. Dick Durbin, an Illinois Democrat and chair of the Senate Judiciary Committee, said of Thomas in a recent hearing. “And yet the Supreme Court won’t even acknowledge it’s a problem.”

So far, the court has chafed at the prospect of such reforms. Though the court recently laid out its ethics practices in a statement signed by all nine justices, Chief Justice John Roberts has not directly addressed the recent revelations. In fact, he has repeatedly suggested Congress might not have the power to regulate the court at all.

Alito in Alaska with a fishing guide. He stayed at the King Salmon Lodge, a luxury fishing resort that drew celebrities, wealthy businessmen and sports stars. Credit: Photo obtained by ProPublica. Used by TPM with permission of ProPublica.

“We Take Good Care of Him Because He Makes All the Rules”

In the 1960s in his first year at Harvard Law School, Singer was listening to a lecture by a famed liberal professor when, he later recalled, he had an epiphany: “My goodness. They’re making it up as they go along.”

It was a common sentiment among conservative lawyers, who often accuse liberal judges of activist overreach. While Singer’s career as an attorney was short-lived, his convictions about the law stayed with him for decades. After starting a hedge fund that eventually made him one of the richest people in the country, he began directing huge sums to causes on the right. That included groups, like the Federalist Society, dedicated to fostering the conservative legal movement and putting its followers on the bench.

Other guests on the trip included Leo, the Federalist Society leader, and Judge A. Raymond Randolph, a prominent conservative appellate judge for whom Leo had clerked, according to fishing licenses and interviews with lodge staff.

On another day, the group flew on one of the lodge’s bush planes to a waterfall in Katmai National Park, where bears snatch salmon from the water with their teeth. At night, the lodge’s chefs served multicourse meals of Alaskan king crab legs or Kobe filet. On the last evening, a member of Alito’s group bragged that the wine they were drinking cost $1,000 a bottle, one of the lodge’s fishing guides told ProPublica.

In his op-ed, Alito described the lodge as a “comfortable but rustic facility.” The justice said he does not remember if he was served wine, but if he was, it didn’t cost $1,000 a bottle. (Alito also pointed readers to the lodge’s website. The lodge has been sold since 2008 and is now a more downscale accommodation.)

The justice’s stay was provided free of charge by another major donor to the conservative legal movement: Robin Arkley II, the owner of a mortgage company then based in California. Arkley had recently acquired the fishing lodge, which catered to affluent tourists seeking a luxury experience in the Alaskan wilderness. A planning document prepared by lodge staff describes Alito as a guest of Arkley. Another guest on the trip told ProPublica the trip was a gift from Arkley, and two lodge employees said they were told that Alito wasn’t paying.

Arkley, who does not appear to have been involved in any cases before the court, did not respond to detailed questions for this story.

On the 2008 trip, the group visited Katmai National Park. (Photo by Sylvain CORDIER/Gamma-Rapho via Getty Images)

In the last decade, Singer has contributed over $80 million to Republican political groups. He has also given millions to the Manhattan Institute, a conservative think tank where he has served as chairman since 2008. The institute regularly files friend-of-the-court briefs with the Supreme Court — at least 15 this term, including one asking the court to block student loan relief.

Singer and Alito appeared together at a 2009 Federalist Society event. Credit: The Federalist Society 2009 Annual Report. Used by TPM with permission of ProPublica.

Singer’s interest in the courts is more than ideological. His hedge fund, Elliott Management, is best known for making investments that promise handsome returns but could require bruising legal battles. Singer has said he’s drawn to positions where you “control your own destiny, not just riding up and down with the waves of financial markets.” That can mean pressuring corporate boards to fire a CEO, brawling with creditors over the remains of a bankrupt company and suing opponents.

The fund now manages more than $50 billion in assets. “The investments are extremely shrewdly litigation-driven,” a person familiar with Singer’s fund told ProPublica. “That’s why he’s a billionaire.”

Singer’s most famous gamble eventually made its way to the Supreme Court.

In 2001, Argentina was in a devastating economic depression. Unemployment skyrocketed and deadly riots broke out in the street. The day after Christmas, the government finally went into default. For Singer, the crisis was an opportunity. As other investors fled, his fund purchased Argentine government debt at a steep discount.

Within several years, as the Argentine economy recovered, most creditors settled with the government and accepted a fraction of what the debt was originally worth. But Singer’s fund, an arm of Elliott called NML Capital, held out. Soon, they were at war: a midtown Manhattan-based hedge fund trying to impose its will on a sovereign nation thousands of miles away.

The fight played out on familiar turf for Singer: the U.S. courts. He launched an aggressive legal campaign to force Argentina to pay in full, and his personal involvement in the case attracted widespreadmediaattention. Over 13 years of litigation, the arguments spanned what rights foreign governments have in the U.S. and whether Argentina could pay off debts to others before Singer settled his claim.

If Singer succeeded, he stood to make a fortune.

In 2007, for the first but not the last time, Singer’s fund asked the Supreme Court to intervene. A lower court had stopped Singer and another fund from seizing Argentine central bank funds held in the U.S. The investors appealed, but that October, the Supreme Court declined to take up the case.

On July 8 of the following year, Singer took Alito to Alaska on the private jet, according to emails, flight data from the Federal Aviation Administration and people familiar with the trip.

The group flew across the country to the town of King Salmon on the Alaska peninsula. They returned to the East Coast three days later.

In Alaska, they stayed at the King Salmon Lodge, a luxury fishing resort that drew celebrities, wealthy businessmen and sports stars. On July 9, one of the lodge’s pilots flew Alito and other guests around 70 miles to the west to fish the Nushagak River, known for one of the best salmon runs in the world. Snapshots from the trip show Alito in waders and an Indianapolis Grand Prix hat, smiling broadly as he holds his catch.

“Sam Alito is in the red jacket there,” one lodge worker said, as he narrated an amateur video of the justice on the water. “We take good care of him because he makes all the rules.”

“The exception only covers food, lodging and entertainment,” said Virginia Canter, a former government ethics lawyer now at the watchdog group CREW. “He’s trying to move away from the plain language of the statute and the regulation.”

The Alaska vacation was the first time Singer and Alito met, according to a person familiar with the trip. After the trip, the two appeared together at public events. When Alito spoke at the annual dinner of the Federalist Society lawyers convention the following year, the billionaire introduced him. The justice told a story about having an encounter with bears during a fishing trip with Singer, according to the legal blog Above the Law. He recalled asking himself: “Do you really want to go down in history as the first Supreme Court justice to be devoured by a bear?”

The year after that, in 2010, Alito delivered the keynote speech at a dinner for donors to the Manhattan Institute. Once again, Singer delivered a flattering introduction. “He and his small band of like-minded justices are a critical and much-appreciated bulwark of our freedom,” Singer told the crowd. “Samuel Alito is a model Supreme Court justice.”

Alito did not disclose the flight or the stay at the fishing lodge in his annual financial disclosures. A federal law passed after Watergate requires federal officials including Supreme Court justices to publicly report most gifts. (The year before, Alito reported getting $500 of Italian food and wine from a friend, noting that his friend was unlikely to “appear before this Court.”)

The law has a “personal hospitality” exemption: If someone hosts a justice on their own property, free “food, lodging, or entertainment” don’t always have to be disclosed. But the law clearly requires disclosure for gifts of private jet flights, according to seven ethics law experts, and Alito appears to have violated it. The typical interpretation of the law required disclosure for his stay at the lodge too, experts said, since it was a commercial property rather than a vacation home. The judiciary’s regulations did not make that explicit until they were updated earlier this year.

In his op-ed, Alito said that justices “commonly interpreted” the law’s exception for hospitality “to mean that accommodations and transportation for social events were not reportable gifts.”

His op-ed pointed to language in the judiciary’s filing instructions and cited definitions from Black’s Law Dictionary and Webster’s. But he did not make reference to the judiciary’s regulations or the law itself, which experts said both clearly required disclosure for gifts of travel. ProPublica found at least six examples of other federal judges disclosing gifts of private jet travel in recent years.

Meanwhile, Singer and Argentina kept asking the Supreme Court to intervene in their legal fight. His fund enlisted Ted Olson, the famed appellate lawyer who represented George W. Bush in the Bush v. Gore case during the 2000 presidential election.

In January 2010, a year and a half after the Alaska vacation, the fund once again asked the high court to take up an aspect of the dispute. The court declined. In total, parties asked the court to hear appeals in the litigation eight times in the six years after the trip. In most instances, it was Singer’s adversaries filing an appeal, with Singer’s fund successfully arguing for the justices to decline the case and let stand a lower court ruling.

The Supreme Court hears a tiny portion of the many cases it’s asked to rule on each year. Under the court’s rules, cases are only accepted when at least four of the nine justices vote to take it up. The deliberations on whether to take a case are shrouded in secrecy and happen at meetings attended only by the justices. These decisions are a fundamental way the court wields power. The justices’ votes are not typically made public, so it is unclear how Alito voted on the petitions involving Singer.

As Singer’s battle with Argentina intensified, his hedge fund launched an expansive public relations and lobbying campaign. In 2012, the hedge fund even attempted to seize an Argentine navy ship docked in Ghana to secure payment from the country. (The effort was thwarted by a ruling from the International Tribunal for the Law of the Sea.) Argentina’s president labeled Singer and his fellow investors “vultures” attempting extortion; Singer complained the country was scapegoating him.

In 2014, the Supreme Court finally agreed to hear a case on the matter. It centered on an important issue: how much protection Argentina could claim as a sovereign nation against the hedge fund’s legal maneuvers in U.S. courts. The U.S. government filed a brief on Argentina’s side, warning that the case raised “extraordinarily sensitive foreign policy concerns.”

The case featured an unusual intervention by the Judicial Crisis Network, a group affiliated with Leo known for spending millions on judicial confirmation fights. The group filed a brief supporting Singer, which appears to be the only Supreme Court friend-of-the-court brief in the organization’s history.

The court ruled in Singer’s favor 7-1 with Alito joining the majority. The justice did not recuse himself from the case or from any of the other petitions involving Singer.

“The tide turned” thanks to that “decisive” ruling and another from the court, as Singer’s law firm described it. After the legal setbacks and the election of a new president in Argentina, the country finally capitulated in 2016. Singer’s fund walked away with a $2.4 billion payout, a spectacular return.

Abbe Smith, a law professor at Georgetown who co-wrote a textbook on legal and judicial ethics, said that Alito should have recused himself. If she were representing a client and learned the judge had taken a gift from the party on the other side, Smith said, she would immediately move for recusal. “If I found out after the fact, I’d be outraged on behalf of my client,” she said. “And, frankly, I’d be outraged on behalf of the legal system.”

The law that governs when justices must recuse themselves from a case sets a high but subjective standard. It requires justices to withdraw from any case when their “impartiality might reasonably be questioned.” But the court allows individual justices to interpret that requirement for themselves. Historically, they’ve almost never explained why they are or are not recusing themselves, and unlike lower court judges, their decisions cannot be appealed.

Alito articulated his own standard during his Senate confirmation process, writing that he believed in stepping away from cases when “any possible question might arise.”

In his Wall Street Journal op-ed, Alito wrote of his failure to recuse himself from Singer’s cases at the court: “It was and is my judgment that these facts would not cause a reasonable and unbiased person to doubt my ability to decide the matters in question impartially.”

Critics have long assailed the Supreme Court’s practices on this issue as both opaque and inconsistent. “The idea ‘just trust us to do the right thing’ while remaining in total secrecy is unworkable,” said Amanda Frost, a judicial ethics expert at the University of Virginia School of Law.

For Singer, appeals to the Supreme Court are an almost unavoidable result of his business model. Since the Argentina case, Singer’s funds were named parties in at least two other cases that were appealed to the court, both stemming from battles with Fortune 500 companies. One of the petitions is currently pending.

Grey Goose and Glacier Ice

The month after Singer got home from the 2008 fishing trip, he realized he had a problem. He was supposed to receive a shipment of frozen salmon from the Alaska lodge. But the fish hadn’t arrived. So the billionaire emailed an unlikely person to get to the bottom of it: Leo, the powerful Federalist Society executive.

“They’ve escaped!!” Singer wrote. Leo then sent an email to Arkley, the lodge owner, to track down the missing seafood.

The only clear thread connecting the prominent guests on the trip is that they all had a relationship with Leo. Leo is now a giant in judicial politics who helped handpick Donald Trump’s list of potential Supreme Court nominees and recently received a $1.6 billion donation to further his political interests. Leo’s network of political groups was in its early days, however, when he traveled with Alito to Alaska. It had run an advertising campaign supporting Alito in his confirmation fight, and Leo was reportedly part of the team that prepared Alito for his Senate hearings.

Singer and Arkley, the businessmen who provided the trip to the justice, were both significant donors to Leo’s groups at the time, according to public records and reporting by The Daily Beast. Arkley also sometimes provided Leo with one of his private planes to travel to business meetings, according to a former pilot of Arkley’s.

In his statement, Leo did not address detailed questions about the trip, but he said “no objective and well-informed observer of the judiciary honestly could believe that they decide cases in order to cull favor with friends, or in return for a free plane seat or fishing trip.”

He added that the public should wonder whether ProPublica’s coverage is “bait for reeling in more dark money from woke billionaires who want to damage this Supreme Court and remake it into one that will disregard the law by rubber stamping their disordered and highly unpopular cultural preferences.”

Arkley is a fixture in local politics in his hometown of Eureka, California, known for lashing out at city officials and for once starting his own newspaper reportedly out of disdain for the local press. By the early 2000s, he’d made a fortune buying and servicing distressed mortgages and also become a significant donor in national GOP politics.

Leonard Leo, center, on the 2008 fishing trip with a guide and other guests. Leo attended and helped organize the Alaska fishing vacation. Credit: Photo obtained by ProPublica. Used by TPM with permission of ProPublica.

As his political profile rose, Arkley bragged to friends that he’d gotten to know one-third of the sitting Supreme Court justices. He told friends he had a relationship with Clarence Thomas, according to two people who were close with Arkley. And the Alito trip was not Arkley’s first time covering a Supreme Court justice’s travel to Alaska.

In June 2005, Arkley flew Scalia on his private jet to Kodiak Island, Alaska, two of Arkley’s former pilots told ProPublica. Arkley had paid to rent out a remote fishing lodge that cost $3,200 a week per person, according to the lodge’s owner, Martha Sikes.

Snapshots from the trip, found in the justice’s papers at Harvard Law School, capture Scalia knee-deep in a river as he fights to reel in a fish. Randolph, the appellate judge who was also on the later trip, joined Scalia and Arkley on the vacation, flying on the businessman’s jet.

Scalia did not report the trip on his annual filing, another apparent violation of the law, according to ethics law experts. Scalia’s travels briefly drew scrutiny in 2016 after he died while staying at the hunting ranch of a Texas businessman. Scalia had a pattern of disclosing trips to deliver lectures while not mentioning hunting excursions he took to nearby locales hosted by local attorneys and businessmen, according to a research paper published after his death.

Randolph, now a senior judge on the U.S. Court of Appeals for the D.C. Circuit, did not disclose the trip. (Nor did he disclose the later trip with Alito.) Randolph told ProPublica that when he was preparing his form for 2005, he called the judiciary’s financial disclosure office to ask about disclosing the trip. He shared his notes from the call with a staffer, which say “don’t have to report trip to Alaska with Rob Arkley & others / private jet / lodge.” Kathleen Clark, an ethics law expert at Washington University in St. Louis, said, “I don’t understand how the staff member came to that conclusion based on the language in the statute.”

On June 9, Arkley’s group chartered a boat, the Happy Hooker IV, to tour Yakutat Bay. On the way over, Scalia and Arkley discussed whether Senate Republicans, then in a contentious fight over judicial confirmations, should abolish the filibuster to move forward, according to a person traveling with them.

A photo captures Arkley and Scalia later that day gazing off the side of the boat at the famed Hubbard Glacier. At one point, a guide chiseled chunks off an iceberg and passed them to Scalia. The justice then mixed martinis from Grey Goose vodka and glacier ice.

It remains unclear how Scalia ended up in Alaska with Arkley. But the justice’s archives at Harvard Law School offer a tantalizing clue. Immediately before the fishing trip, Scalia gave a speech for the Federalist Society in Napa, California. The next day, Arkley’s plane flew from Napa to Alaska. Scalia’s papers contain a folder labeled “Federalist Society, Napa and Alaska, 2005 June 3-10,” suggesting a possible connection between the conservative organization and the fishing trip.

The contents of that folder are currently sealed, however. They will be opened to the public in 2036.