that preempted ProPublica’s story. Alito’s argument strings together a series of superficial, contradictory, and unpersuasive deflections.
But since the personal-hospitality defense is designed to exclude personal friendships, it makes his failure to recuse himself in Singer’s Supreme Court case even worse. So, in the section explaining why it was okay for him not to recuse himself from Singer’s Supreme Court case, Alito writes, “My recollection is that I have spoken to Mr. Singer on no more than a handful of occasions, all of which consisted of brief and casual comments at events attended by large groups.
The personal-hospitality exemption, in any case, does not apply to private-plane travel. As ProPublica reports, “the law clearly requires disclosure for, according to seven ethics law experts, and Alito appears to have violated it.” In other words, he was not getting a free trip on a private jet unless the plane was full and somebody else had to be thrown off the flight. Alito was merely occupying a vacant seat on a flight that was going to occur anyway. By the same logic, Singer could leave an envelope filled with cash on the table and walk away, and it wouldn’t be a bribe for Alito to take it, because otherwise the money was going to be lost.
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