G. McConway
December 22, 2023

Democrats Demanding Thomas Recusal in Trump Immunity Case

The Supreme Court is about to be inundated with cases related to Donald Trump, which means Democrats are firing up a tired narrative.

Multiple Democrats have come forward to demand that Justice Clarence Thomas recuse himself from the Trump case due to possible bias.

Most of this centers on the actions of Thomas’ wife, Ginni, after the election, when she was texting then-Chief of Staff Mark Meadows.

Recuse Yourself

Thomas is a favorite target of the left simply because he is a black conservative and a hardliner at that.

Democrats and the media are now pitching the narrative that Ginni Thomas’ text was part of an “election subversion plot” to overturn the 2020 election.

Senator Richard Blumenthal (D-CT), who is all on the Colorado decision, is the latest talking head to suggest that Thomas cannot be impartial in this case and that he needs to recuse himself from it.

Blumenthal penned a letter to Chief Justice John Roberts with his concerns, stating, “No proceeding could be graver than the prosecution of an attempt to undermine our sacred electoral process. Justice will be done only if such a case is heard by judges whose impartiality cannot reasonably be questioned.”

He continued, “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 the impartiality of Thomas might be questioned.

This comes after Senator Dick Durbin (D-IL) made a similar statement:

“There are so many unanswered questions about the relationship of the justice and his family with the Trump administration that I think in the interests of justice, he should recuse himself.”

Thomas has been defiant on this front in the past, so it is hard to predict what he will do here.

I would say this, however… I think Trump will lose the immunity case because the court has been pretty clear that immunity only goes so far as presidential duties. And, while the argument can be made that Trump challenging the integrity of an election falls under presidential duties, in this particular case, I don’t think enough members of the court will view it that way.

I would note that Trump’s legal team has asked the court to deny Jack Smith’s request to expedite this ruling, saying it should take all the time it needs to consider such a serious question, which tells me they are very nervous about how this decision will fall.

In terms of upcoming cases that could hit the court where Thomas may again be asked to recuse himself, the Colorado case seems pretty cut and dry, but the remaining cases are quite cloudy, so Thomas may not want to set the precedent in this case, which would more or less automatically mean that he would recuse himself in any case related to Trump.

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