Senator asks chief justice to force Thomas’ recusal from Trump case
The Supreme Court of the United States (SCOTUS) is expected to weigh in on multiple major cases pertaining to former President Donald Trump after the new year. One Democratic senator is now calling on Chief Justice John Roberts to compel Associate Justice Clarence Thomas' recusal in one of those cases given a "conflict of interest."
In a letter addressed to Roberts, Sen. Richard Blumenthal (D-Connecticut) — who sits on the Senate Judiciary Committee — cited existing SCOTUS ethics rules deeming recusal necessary if a judge's impartiality "might be reasonably questioned." Blumenthal wrote that Thomas is ethically compromised given the public political activities of his wife, Ginni, who is a longtime GOP activist.
"Mrs. Thomas has been deeply involved in former President Trump’s attempt to overturn the most recent presidential election, including by attending the January 6th rally whose other attendees later stormed the Capitol, sitting on the board of an organization that led the 'Stop the Steal' movement and sending dozens of text messages urging White House Chief of Staff Mark Meadows to prevent certification of the election results," Blumenthal wrote.
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Blumenthal's letter noted that Thomas already recused himself earlier this year in a January 6-related case. That case, Eastman v. Thompson, concerned former Trump attorney John Eastman's bid to access emails from the House Select Committee on the January 6 Attack. Thomas did not explain his recusal, though Bloomberg Law reported that it was likely due to the appearance of bias given his wife's political work. SCOTUS ultimately rebuffed Eastman's request. Blumenthal wrote that Thomas' recusal in that case was "proper."
"The same is true in United States v. Trump. Mrs. Thomas’s close interactions with senior Trump administration officials about overturning the 2020 election results — the very subject of the litigation — certainly creates circumstances where Justice Thomas’s “impartiality might reasonably be questioned," Blumenthal wrote.
"I urge you to ensure that Justice Thomas abides by federal statute and the Court’s own Code of Conduct and recuses himself from participating in United States v. Trump," he added. "No proceeding could be graver than the prosecution of an attempt to undermine our sacred electoral process."
The United States v. Trump case concerns the former president's argument that given his past role as commander-in-chief, he should be immune from all civil and criminal legal actions in perpetuity. While Trump has asked SCOTUS to delay its decision, Department of Justice special counsel Jack Smith filed a briefing in response on Thursday, saying justices should act quickly as the consequences of the question are of the "utmost gravity."
READ MORE: 'Utmost gravity': Special counsel urges SCOTUS to resolve Trump case immediately
