“When the going gets tough, the tough get unethical.”—Me. Also, in election year 2024, Machiavellian and disgusting.

These are repulsive people. When I saw the Rolling Stone headline, “Justice Alito Caught on Tape Discussing How Battle for America ‘Can’t Be Compromised,'” I thought, “Oh-oh.” Then I read the story. Alito was tricked by a left-wing James O’Keefe imitator (Ethics Alarms’ verdict on O’Keefe’s methods and conduct has been consistent and unequivocal from the beginning: he’s an unethical journalist, dishonest and untrustworthy, whose methods have occasionally uncovered hidden agendas that can’t be ignored) posing as a conservative admirer at an event. Attending the Supreme Court Historical Society’s annual dinner on June 3, Lauren Windsor, a progressive documentary filmmaker, introduced herself to Alito as a religious conservative. Then she proceeded to ask him leading questions and offer her own “opinions.” What she learned was that Alito was nice to strangers, and that with a stranger who seemed to admire him in a social setting, he chose to be agreeable rather than confrontational.

Here is the exchange: Windsor approached Alito at the event and reminded him that they spoke about political polarization at the same function the year before (who knows if they did or not, but if Alito didn’t remember, he wasn’t going to argue about it). In the intervening year, she told Alito, her views had changed. “I don’t know that we can negotiate with the left in the way that needs to happen for the polarization to end,” Windsor said. “I think that it’s a matter of, like, winning.” Alito’s reply: “I think you’re probably right. On one side or the other — one side or the other is going to win. I don’t know. I mean, there can be a way of working — a way of living together peacefully, but it’s difficult, you know, because there are differences on fundamental things that really can’t be compromised. They really can’t be compromised. So it’s not like you are going to split the difference.”

You will see from this that the Rolling Stone headline is misleading and deceitful. Alito’s comment could have been made from either side of the ideological spectrum: it shows agreement with neither side. Moreover, it begins “You’re probably right,” which could easily mean, “You’re full of crap, but you’re welcome to your opinion, and I’ll make you feel like a Supreme Court Justice agrees with you because I’m a nice guy and now you can tell your friends, ‘Justice Alito agreed with me!'”

I have often wondered about this phenomenon, reflecting back on my lucky hour-long conversation with Herman Kahn when he was widely regarded as the smartest man alive. He was an unpretentious, kindly, engaging individual, and throughout our conversation made me feel like I had expressed theories and ideas that he thought were perceptive and valuable. Maybe he left that meeting and told a friend, “Boy, I was just trapped talking to an idiot for an hour!” But he made me feel good, which is an ethical thing to do.

And I wasn’t secretly recording him so I could leak to the Washington Post my comments as his revealed beliefs.

Next Windsor told Alito: “People in this country who believe in God have got to keep fighting for that — to return our country to a place of godliness.”

“I agree with you. I agree with you,” Alito replied. Rolling Stone adds at that point that he “authored the Supreme Court’s 2022 Dobbs decision, which reversed five decades of settled law and ended a constitutional right to abortion.” Oh! I see. Alito voted to end Roe “to return our country to a place of godliness” ! He’s a religious fanatic! He helped end Roe because of his religious beliefs!

Read the words, as Sir Thomas More might say. All Alito says is that he agrees that people need to fight for what they believe. He doesn’t even say that he believes in God. He also just says, “I agree with you. I agree with you,” which under those conditions might mean, “Now, nice talking to you, but stop monopolizing my time and let me meet some other people.” There is no rhetorical smoking gun in this conversation and nothing illuminating or newsworthy, except perhaps that the desperate left is stooping to emulating an unethical conservative fake journalist to discredit the U.S. Supreme Court, and unfairly victimizing Joseph Alito for the third time in two weeks.

These are, I repeat, disgusting people.

The New York Times, I must note, was hardly better than Rolling Stone. It also treated this manipulated, unethically recorded and ambiguous conversation as news worthy, and had a deceitful headline of its own: “In Secret Recordings, Alito Endorses Nation of ‘Godliness,’ Roberts Talks of Pluralism.” That implies that Alito (and Roberts) were aware of the recordings, and worse, Alito did NOT endorse a nation of “godliness.”

Nah, there’s no mainstream media bias!