Trump Administration Defends Samuel Alito's Son as Secretive Role Revealed

Treasury Department officials defended the employment of Supreme Court Justice Samuel Alito‘s son Thursday after a report revealed he held a senior legal role inside the department during the High Court cases involving President Donald Trump.

The report raises fresh questions about ethics and conflicts of interest at the Supreme Court as the justices continue to hear high-stakes cases involving Trump and his administration.

Citing four former government officials, digital news outlet NOTUS reported that Philip Alito quietly joined the Treasury Department as a political appointee early last year. During that time, the department appeared before the Supreme Court in litigation over Trump's use of emergency powers to impose tariffs.

Justice Alito did not recuse himself from the case and later joined a dissent authored by Brett Kavanaugh after the Court's majority ruled Trump lacked authority to impose sweeping global tariffs. Unlike lower federal judges, Supreme Court justices largely decide for themselves when recusal is necessary.

“Philip Alito is currently detailed from the U.S. Attorney's Office for the Eastern District of Virginia as a Counselor in the Office of the General Counsel, and his portfolio covers a broad range of topics,” a Treasury Department spokesperson told Newsweek in a statement Thursday.

“As a matter of both professional and personal judgment, Phil does not counsel on any matters reasonably expected before the Supreme Court.

“Like all attorneys in the Office of the General Counsel, Phil is in compliance with all applicable ethical obligations.”

The White House and Supreme Court did not immediately respond to requests for comment.

A Supreme Court spokesperson described Philip Alito, who is in his late 30s, as a Justice Department detailee, according to NOTUS.

“While there, he has not worked on any matter related to the tariffs imposed by the federal government,” Supreme Court public information officer Patricia McCabe told the outlet.

“As a result, Justice Alito has not recused in those cases.”

The Treasury’s Office of General Counsel provides legal and policy advice to Secretary Scott Bessent, four former government officials told NOTUS.

Philip Alito had been hired in the “front office” during the first months of the second Trump administration as White House officials sought to fill government roles with loyal political appointees, according to one former officials with direct knowledge of the arrangement.

One former official said Alito's role was still being finalized during his first weeks at the department.

“Everybody knew who he was,” the source told NOTUS. “I think it's fair to say he kept a pretty low profile.

“I kind of had the impression that he was kind of a little bit sheepish about his celebrity affiliation. You'd go into a meeting and if people were introducing themselves by first and last name, he'd just say, ‘Phil,' not Phil Alito. He's a pretty soft-spoken guy.”

Attempts to reach Philip Alito, who has been licensed to work as an attorney since 2012, were unsuccessful on Thursday. He is known within the Treasury Department as an attorney-adviser to provide feedback on all Treasury matters, another source said.

“There's no doubt he got that position because of who he is,” another source told NOTUS.

“[Advisers] are in all the meetings, so they knew all the issues across the board.”

The Treasury Department did not immediately respond to additional inquiries about when Philip Alito had been hired, his direct supervisor or whether he files an ethics disclosure form.

NOTUS noted potential conflicts of interest moving forward, including federal legal challenges to Trump’s so-called “anti-weaponization fund” that seeks the Treasury Department to provide access to $1.776 billion in public funds to people who claim they’ve been unfairly targeted by the Justice Department.

Philip Alito is not the first relative of a Supreme Court justice to serve in a Trump administration role. Trump nominated Eugene Scalia-the son of late Justice Antonin Scalia-to serve as labor secretary in 2019.

Philip Alito reportedly joined Treasury shortly after making one of his final appearances as a federal prosecutor in Virginia in April 2025.

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This story was originally published May 28, 2026 at 9:52 AM.