Trump Wanted Loyalty in Supreme Court Pick, New Book 'Fire and Fury' Says
Michael Wolff, writing in his new book "Fire and Fury: Inside the Trump White House," reportedly wrote: "In the Trump view, it was rather a waste to give the job to someone he didn't even know.”
January 04, 2018 at 02:43 PM
5 minute read
President Donald Trump, left, and Justice Neil Gorsuch, right, before the investiture ceremony.
The buzz surrounding Michael Wolff's forthcoming book taking readers inside the Trump White House includes one item that suggests the president questioned why he couldn't appoint a friend to the U.S. Supreme Court.
Shortly after becoming president, Trump was faced with nominating someone to fill the vacancy created by the death of Justice Antonin Scalia.
“Before appointing Neil M. Gorsuch to the Supreme Court—widely viewed as one of his early successes—Trump wondered why the job wasn't going to a friend and loyalist,” according to a Washington Post report on Wednesday about Wolff's book, ”Fire and Fury: Inside the Trump White House.” Wolff wrote in the book, according to the Post account: “In the Trump view, it was rather a waste to give the job to someone he didn't even know.”
Among those considered, according to a CNN report Thursday night: Rudy Giuliani. ”The one unlikely, peculiar, and nonstarter choice that he kept returning to was Rudy Giuliani,” Wolff wrote, according to CNN.
The conservative Federalist Society played a lead role in fashioning an initial list of 11 potential nominees for the Scalia vacancy for Trump, which he released while a candidate in May 2016. Gorsuch, then a judge on the U.S. Court of Appeals for the Tenth Circuit, wasn't on the original list. Trump added 10 names in September of that year, and Gorsuch made the cut. Giuliani was not on any of the lists Trump published.
“Our opponents of judicial nominees frequently claim the president has outsourced his selection of judges. That is completely false,” White House Counsel Donald McGahn said in November 2017. “I've been a member of the Federalist Society since law school—still am. So, frankly, it seems like it's been insourced.”
Leonard Leo, executive vice president of the Federalist Society and an adviser to Trump on the Supreme Court, wasn't reached for comment Thursday. Sarah Huckabee Sanders, the White House press secretary, on Thursday said Wolff's book is full of “fake” and “false” information.
Last month, the Washington Post reported that soon after nominating Gorsuch, the president considered rescinding the nomination because of Gorsuch's criticism of Trump's attacks on federal judges. Trump, according to the Post, was worried that Gorsuch would not be “loyal.”
The president also felt that Gorsuch had been insufficiently grateful for the nomination, the Post reported. Gorsuch did send a handwritten note to Trump dated March 2 in which he thanked and praised the president.
“Your address to Congress was magnificent,” wrote Gorsuch, referring to the State of the Union address. “And you were so kind to recognize Mrs. Scalia, remember the justice, and mention me. My teenage daughters were cheering the TV!”
Trump later denounced the Post story on Twitter as “FAKE NEWS.” The president tweeted: “I never even wavered and am very proud of him and the job he is doing as a Justice of the U.S. Supreme Court. The unnamed sources don't exist!”
At his confirmation hearings in March, Gorsuch stressed the independence of federal judges. “Judges are not politicians in robes,” Gorsuch told the Senate Judiciary Committee. “If I thought that I'd hang up my robe.”
Gorsuch, as expected, has proved thus far to be a solid conservative justice who emphasizes textualism and aligns most often with the high court's most conservative members—Justices Clarence Thomas and Samuel Alito Jr.
This post was updated with additional information from “Fire and Fury.”
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
Auditor Finds 'Significant Deficiency' in FTC Accounting to Tune of $7M
4 minute readTexas Court Invalidates SEC’s Dealer Rule, Siding with Crypto Advocates
3 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250