Amidst the legal tumult surrounding Donald Trump’s quest for immunity in the federal case challenging the legitimacy of the 2020 election results, House Democrats are fervently urging Justice Clarence Thomas to recuse himself from the proceedings. The Democrats’ plea, conveyed in a letter dated December 15, underscores concerns about the involvement of Justice Thomas’s wife, Virginia “Ginni” Thomas, in alleged endeavors to overturn the 2020 presidential election—a matter that intertwines with the Supreme Court’s recent ethics code.
The letter, signed by Representative Hank Johnson and seven other Democrats, implores Justice Thomas to exercise discretion and abstain from participating in decisions related to the case of United States v. Trump. Despite the gravity of the request, representatives for Justice Thomas have yet to respond to the letter, first disclosed by the Washington Post on Monday.
The case in question is one of four criminal suits confronting Trump as he endeavors to re-enter the political arena. It challenges a federal judge’s recent dismissal of Trump’s attempt to quash the case, asserting immunity based on the argument that he cannot be prosecuted for official actions taken during his presidency.
In an unprecedented move aimed at circumventing Trump’s attempts to delay the trial until after the upcoming election, federal prosecutors have urged the U.S. Supreme Court to bypass the appeals court and promptly rule on the immunity claim.
Ginni Thomas, although questioned by a House panel investigating efforts to overturn the 2020 election and the Capitol attack on January 6, 2021, has not faced any charges. Her lawyer maintains her innocence, emphasizing her lack of involvement in the attack.
The Democrats’ appeal is rooted in the Supreme Court’s ethics code, which emphasizes that a justice should disqualify themselves in cases where their impartiality might reasonably be questioned. This includes situations where a justice is aware that their spouse has an interest that could be significantly affected by the decision or could serve as a material witness—a stance reiterated by the Democratic lawmakers in their letter.
This is not the first instance of Justice Thomas facing recusal; he previously recused himself from the court’s decision not to hear a case related to the January 6 attack. The Supreme Court formalized its ethics code in November, prompted by a series of revelations detailing undisclosed luxury trips and interactions with affluent benefactors by some of the top justices, including Justice Thomas. Concurrently, a U.S. Senate panel is conducting an investigation into the court’s ethical practices.
