In a series of stories, ProPublica has charged Justices Clarence Thomas and Samuel Alito with two types of misconduct. First, the reports contend that the justices failed to disclose certain travel they received. Second, ProPublica alleges that the justices failed to recuse themselves from cases that indirectly involved the people who provided that travel. There are very straightforward responses to each of these accusations. Until fairly recently, the ethics rules were reasonably understood to not require disclosing such "personal hospitality." Moreover, the Justices were unaware of alleged potential conflicts because the Supreme Court briefs did not indicate any connection between the parties in the cases and those who provided the travel. ProPublica is no doubt aware of these two facts. Yet, the outlet still persists in a globetrotting quest to tar the judicial branch with the brush of corruption.
Now, Justice Alito has taken matters into his own hands. On Friday, ProPublica asked Alito to provide comments about a planned story concerning Alito's 2008 fishing trip to Alaska. On Tuesday evening, he provided such a response–in the Wall Street Journal. Why did Justice Alito take this unorthodox step to preempt the scoop? Because ProPublica has proven itself unreliable. The outlet could not be trusted to accurately provide Alito's rejoinder in context. And Alito's concerns proved prudent.
Consider two examples. ProPublica wrote that "Alito appears to have violated a federal law that requires justices to disclose most gifts, according to ethics law experts." But ProPublica does not even acknowledge the 2023 rule revision. Indeed, the fact that the rule was changed reflects the prior uncertainty. ProPublica could fully inform readers about the relevant rule change. But it chose not to.
