Democratic members of Congress have called on Supreme Court Justice Clarence Thomas to recuse himself from considering any cases related to the federal indictment against former President Donald Trump in his attempt to overturn the results of the 2020 presidential election, as the court prepares to decide whether Trump is “immune” from the charges and faces the first major test of the new ethical rules imposed by the court.
Key Facts
Eight members of the House of Representatives sent a letter to Thomas asking him to “exercise his judgment and recuse himself” from considering any disputes related to Trump’s federal court case.
Trump requested the dismissal of the federal charges against him, claiming that he has “presidential immunity” because the charges stem from actions he took during his presidency, and the Justice Department has asked the Supreme Court to quickly consider the dispute and decide whether Trump and other former U.S. presidents can be immune from criminal charges.
The lawmakers based their call for Thomas’s recusal on a series of reports linking Thomas’s wife, Ginni Thomas, to efforts to overturn the 2020 presidential election, including her attendance at the gathering on January 6, 2021, which preceded the Capitol riots, and her urging of former White House Chief of Staff Mark Meadows to “continue the strenuous efforts” to challenge the vote count and pressuring state legislators to reject their election results.
What to Watch
The Supreme Court could soon announce whether it will take up the dispute over the criminal charges against Trump, as the justices have requested Trump to respond to the Justice Department’s petition by Wednesday afternoon. The speed at which the court handles the case may determine whether Trump will appear in court in March 2024 as planned: the Justice Department has asked the court to consider the case and issue a ruling by the end of its term in June 2024, meaning the trial could move forward at least before the 2024 presidential election if a ruling against Trump is issued, if not sooner. If the court does not take up the case, it will fall to the federal appeals court to rule on whether the charges against Trump can be dismissed, and the Supreme Court could still consider the case after the appellate court’s ruling.
Trump faces four criminal charges in the case stemming from his efforts and those of his allies to overturn the 2020 presidential election results, and he faces jail time if convicted.
Background
Thomas has long faced criticism over his wife Ginni Thomas’s conservative political activism, particularly following reports in the years after the 2020 presidential election about her role in the attempt to overturn the results. Ginni Thomas has repeatedly denied any wrongdoing or improper influence on her husband, testifying before Congress that she did not discuss the 2020 presidential election or any legal issues arising from it with her husband. Reports of her involvement have drawn criticism from the left and long-standing calls for Thomas to recuse himself from any cases related to the 2020 presidential election even before criminal charges were brought against Trump, with some Democrats even calling for the judge’s resignation or removal. Thomas himself did not recuse from the cases the court considered during the 2020 presidential election and participated in a case regarding whether Trump’s documents could be disclosed to the January 6 committee in the House of Representatives. He was the only judge to dissent in that case. Emails reported by Politico in November 2022 indicated that Trump’s lawyers believed that Thomas was their “only chance” at winning a ruling that could overturn the election results, and they tried to bring cases before the judge for a decision.
Trump criticized
Thomas also regarding his acceptance of gifts from wealthy friends without disclosing them in his financial disclosures, including a series of luxury trips from real estate mogul Harlan Crow. ProPublica reported on Monday that Thomas called on Congress in 2000 to raise judges’ salaries and threatened to resign if lawmakers did not comply, raising further speculation about the gifts he received, as ProPublica noted that as the gifts Thomas received increased, the judge seemed more satisfied with his salary from the court. “I think it’s sufficient enough,” Thomas said about his salary during a lecture at the Historical Society of the Supreme Court in June 2019.
More Reading
DOJ Takes Trump To Supreme Court: Asks Justices If Trump Has Immunity In Jan. 6 Criminal Case
Supreme Court Enacts First-Ever Ethics Code — Here’s What Experts Think Should Happen Next
Ginni Thomas Testifies To House Jan. 6 Committee
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