According to Rep. Jamie Raskin (D-Md.), the Department of Justice could potentially require Supreme Court Justices Clarence Thomas and Samuel Alito to recuse themselves from cases related to the Jan. 6, 2021, Capitol attack.
In an opinion piece published on Wednesday in The New York Times, the Maryland Democrat expressed his concerns about the recusal situation in the highest court. He pointed out that the lack of a binding ethics code or process outside of personal reflection has led to a situation where each justice decides for themselves whether they can be impartial. This lack of clear standards has raised concerns among many, as it leaves room for potential conflicts of interest and undermines public trust in the judiciary.
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According to Raskin, Alito and Thomas have the option to recuse themselves, but he believes that simply urging them to do so is not the most effective course of action.
Raskin emphasized that the U.S. Department of Justice, which includes various officials involved in the criminal prosecutions related to these cases and who are opposing Trump’s constitutional and statutory claims, has the authority to formally request that Justices Alito and Thomas recuse themselves. This request should be made not as a matter of discretion, but as a legally mandated action.
Alito and Thomas have recently been urged to recuse themselves from cases related to the Jan. 6 attack. There have been controversies surrounding flags allegedly flown at Alito’s houses that are linked to the “Stop the Steal” effort. Additionally, Thomas’s wife has been reported to be involved in the same effort.
According to Raskin, the Justice Department and Attorney General Merrick Garland have the ability to utilize two important textual authorities in support of this motion. These authorities include the Constitution of the United States, specifically the due process clause, and the federal statute known as 28 U.S.C. Section 455, which requires judicial disqualification in cases of questionable impartiality.
The Justice Department has chosen not to provide any comments on the matter.
