Supreme Court nominee Samuel Alito’s perspective on abortion rights may be painfully obvious, but there were other Justice Department documents released today that have a certain political significance in light of recent events.
Supreme Court nominee Samuel Alito defended the right of government officials to order domestic wiretaps when he worked for the Reagan Justice Department, documents released Friday show.
He advocated a step by step approach to strengthening the hand of officials in a 1984 memo to the solicitor general. The strategy is similar to the one that Alito espoused for rolling back abortion rights at the margins. […]
Despite Alito’s warning that the government would lose, the Reagan administration took the fight to the Supreme Court in the case of whether Nixon’s attorney general, John Mitchell, could be sued for authorizing a warrantless domestic wiretap to gather information about a suspected terrorist plot. The FBI had received information about a conspiracy to destroy utility tunnels in Washington and kidnap Henry Kissinger, then national security adviser.
That case ultimately led to a 1985 ruling by the Supreme Court that the attorney general and other high level executive officials could be sued for violating people’s rights, in the name of national security, with such actions as domestic wiretaps.
Alito had advised Justice Department officials to appeal the case on narrow procedural grounds but not seek blanket immunity.
I wonder if this might come up during Alito’s confirmation hearings.