They know they will lose if he is on the case.
A cluster of House Democrats is pressing Supreme Court Justice Clarence Thomas to recuse himself from a critical case regarding former President Donald Trump’s potential immunity from federal prosecution during his presidency. Georgia Representative Hank Johnson led a group of eight Democrats in a letter dated December 15, expressing concerns about Thomas’s fairness due to actions taken by his wife, Ginni Thomas, following the 2020 election.
The Democrats referenced the recently adopted code of conduct by the Supreme Court, urging justices to withdraw from proceedings where their impartiality might be questioned. This includes scenarios where a justice’s spouse holds an interest significantly affected by the case’s outcome.
While these ethical guidelines lack an enforcement mechanism, the decision to recuse remains with each justice, without the obligation to explain their involvement or withdrawal from a case.
The letter emphasized the necessity for Thomas to recuse himself from any involvement in the pending case of United States v. Trump to maintain the credibility of the Supreme Court’s recent ethical standards.
Joining Johnson in signing the letter were Representatives Jamie Raskin of Maryland, Madeleine Dean of Pennsylvania, Sheila Jackson Lee of Texas, Gerry Connolly of Virginia, Jasmine Crockett of Texas, Alexandria Ocasio-Cortez, and Dan Goldman of New York.
Meanwhile, special counsel Jack Smith urgently requested the Supreme Court to promptly address whether Trump is shielded from federal prosecution, prompting the Court to expedite its consideration before a federal appeals court ruling.
Trump faces four criminal counts linked to his alleged efforts to disrupt the 2020 election outcome and has entered a plea of not guilty. His plea for immunity, citing actions within his official duties, was dismissed by U.S. District Judge Tanya Chutkan. The case is undergoing swift review at the U.S. Court of Appeals for the District of Columbia Circuit following an appeal.
In their communication to Thomas, the Democrats highlighted the diminishing public trust in the Supreme Court and attributed part of this decline to Thomas’s association with a significant Republican donor who provided extensive perks to the Thomases during their long friendship. They also underscored Ginni Thomas’s purported involvement in Trump’s efforts to contest the election outcome, including communication with Mark Meadows and efforts to influence Wisconsin lawmakers, claims that Ginni Thomas denied discussing with her husband.