The Court has yet to grant a petition from Special Counsel Jack Smith, who this week requested the court to immediately rule on the immunity claim brought by Trump’s attorneys. The legal team argues that presidents are immune from prosecution over actions undertaken in the course of exercising their official duties, and that provisions within the U.S. Constitution shield Trump from Smith’s criminal indictment, which alleges Trump attempted to overturn the results of the 2020 election. The January 6th Committee that investigated the Capitol Riot obtained text messages between then-White House Chief of Staff Mark Meadows and Ginni Thomas, Justice Thomas’ wife. Ginni indicated to Meadows her belief that the 2020 election was stolen, and that Biden’s win represented a “coup” that had taken place. Though neither her husband nor the Supreme Court were mentioned, Democrats believe her proximity to the Court, simply by virtue of being married to a Justice, represents a conflict of interest, and are now calling on Justice Thomas to recuse himself in the case. “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,” Senate Judiciary Committee Chair Dick Durbin (D-Ill.) said, as reported by The Hill. Durbin added that he is concerned that the Court, which contains three justices appointed by Trump, could rule that the former president is indeed immune from prosecution. CNN reporter Manu Raju says that Durbin told him, “There’s been enough information raised about Mr. Thomas and his spouse that he ought to think twice about recusal in this case.” Sen. Richard Blumenthal (D-Conn.) went a step further, arguing that not only Justice Thomas, but anyone on the Supreme Court with whom he discussed his wife’s involvement “may have an improper interest,” and should consider recusal. Sen. Mazie Hirono (D-Hawaii), who also sits on the Judiciary Committee, told The Hill, “Recusal usually applies when there’s an actual conflict and when there’s an appearance of conflict. I think in Clarence Thomas’s case, it’s both.” Hirono noted that in past cases, Justice Thomas has recused himself from cases where she alleges his wife was involved. “I think Justice Thomas should have recused himself from some of the other cases that came before him where his wife was very much involved. The fact he didn’t really raises concerns for whether they have a recusal practice that makes any kind of sense,” Hirono said. Republicans rebuffed calls for recusal. Sen. Mike Lee (R-Utah), a member of the Judiciary Committee, called the Democrats’ demand for recusal “absurd,” stating, “They’re not the ones to make that judgment call, nor am I aware of any standard by which he should be required to recuse himself in such a case.”Senate Democrats are calling on U.S. Supreme Court Justice Clarence Thomas to recuse himself from a case on whether former President Donald Trump has immunity from prosecution in charges stemming from actions undertaken following the 2020 election.
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