Please don’t put in the newspaper that i got mad

This is my favorite detail from ProPublica’s story about the Wall Street Journal editorial page agreeing to act as Sam Alito’s personal blog:

The conversation about Alito was brisk and professional. McCabe said she had noticed a formatting issue with an email, and the reporters agreed to resend the 18 questions in a Word document. Kaplan and Elliott told McCabe they understood that this was a busy time at the court and that they were willing to extend the deadline if Alito needed more time.

Monday was a federal holiday, Juneteenth. On Tuesday, McCabe called the reporters to tell them Alito would not respond to our requests for comment but said we should not write that he declined to comment. (In the story, we wrote that she told us he “would not be commenting.”)

“He is refusing to comment, but do not write that he is refusing to comment” is truly classic Sam Alito.

And everything else about this reflects the arrogance and bad faith of Alito and his pseudo-journalistic factorums:

She asked when the story was likely to be published. Certainly not today, the reporters replied. Perhaps as soon as Wednesday.

Six hours later, The Wall Street Journal editorial page posted an essay by Alito in which he used our questions to guess at the points in our unpublished story and rebut them in advance. His piece, headlined “Justice Samuel Alito: ProPublica Misleads Readers,” was hard to follow for anyone outside ProPublica since it shot down allegations (notably the purported consumption of expensive wine) that had not yet been made.

In the hours after Alito’s response appeared, editors and reporters worked quickly to complete work on our investigative story. We did additional reporting to put Alito’s claims in context. The justice wrote in the Journal, “My recollection is that I have spoken to Mr. Singer on no more than a handful of occasions,” and that none of those conversations involved “any case or issue before the Court.” He said he did not know of Singer’s involvement in a case about a long-standing dispute involving Argentina because the fund that was a party to the suit was called NML Capital and the billionaire’s name did not appear in Supreme Court briefs.

Alex Mierjeski, another reporter on the team, quickly pulled together a long list of prominent stories from the Journal, The New York Times and The Financial Times that identified Singer as the head of the hedge fund seeking to earn handsome profits by suing Argentina in U.S. courts. (The Supreme Court, with Alito joining the 7-1 majority, backed Singer’s arguments on a key legal issue, and Argentina ultimately paid the hedge fund $2.4 billion to settle the dispute.)

It does not appear that the editors at the Journal made much of an effort to fact-check Alito’s assertions.

If Alito had sent his response to us, we’d have asked some more questions. For example, Alito wrote that Supreme Court justices “commonly interpreted” the requirement to disclose gifts as not applying to “accommodations and transportation for social events.” We would have asked whether he meant to say it was common practice for justices to accept free vacations and private jet flights without disclosing them.

Gee, I wonder why the WSJ editorial board always seems to have advance knowledge about what’s happening behind the scenes when opinions are being written in important cases. Probably an angry Sotomayor clerk or something.