Democrats pressure Justice Clarence Thomas to RECUSE himself from Trump’s presidential immunity case before the Supreme Court as new report reveals the conservative justice was considering resigning due to ‘financial strain’ and meek SCOTUS salary
Democrats are calling on Supreme Court Justice Clarence Thomas to recuse himself from the Supreme Court's consideration of Donald Trump's immunity request in the 2020 election case, citing his wife's actions in the aftermath of the election and the court's own ethical rules.
In a December 15 letter to Thomas, eight House Democrats increased pressure on the Justice Department to withdraw from the case involving the former president.
“We strongly urge you to exercise your discretion and recuse yourself from this and other decisions in the case of United States v. Trump,” wrote Rep. Hank Johnson, the top Democrat on the House Judiciary Committee's subcommittee, and seven other Democrats.
Democrats claim Ginni Thomas' post-election actions “raise serious questions” about her husband's “ability to be or even appear impartial in any Supreme Court cases related to the 2020 election and the insurrection of 6 January'.
Supreme Court Associate Justice Clarence Thomas, left, and his wife Virginia Thomas, right, after Justice Antonin Scalia's funeral in 2016
“If you want to show the American people that the Supreme Court's recent Code of Conduct is worth more than the paper it is written on, you should do the honorable thing and recuse yourself from any decision in the United States vs. Trump case,” the lawmakers note on.
Donald Trump has been charged with four counts related to conspiring to obstruct the outcome of the 2020 election. His lawyers argue that presidential immunity protects him from prosecution.
U.S. District Judge Tanya Chutkan ruled against the former president in December. Trump appealed the decision and special counsel Jack Smith asked the Supreme Court last week to expedite that process. Trump's lawyers have until Wednesday to respond to Smith's request.
It is unclear whether Thomas will avenge himself or not when the court hears the case.
In ProPublica's latest investigation About Thomas and his finances, the newspaper described the judge's private complaints about money twenty years ago, which led to fears of his resignation.
Thomas reportedly told then-Republican Rep. Cliff Stearns, whom he sat next to on a plane in 2000, that Congress should give Supreme Court justices a raise. If lawmakers did nothing, Thomas said, one or more justices would soon leave. Stearns left the conversation fearing Thomas would resign.
Thomas' salary was $173,600, equivalent to more than $300,000 today.
“His importance as a conservative was paramount,” Stearns told the publication. “We wanted to make sure he felt comfortable in his job and that he was paid well.”
The Supreme Court's code of conduct asks judges to disqualify themselves from a case if their “impartiality could reasonably be questioned.”
If a judge or his spouse has “an interest that may be materially affected by the outcome of the proceeding” or is “likely to be a material witness in the proceeding,” the ethics code suggests a refusal.
Chief Justice of the United States John Roberts (L) and Justice Clarence Thomas (R) attend a private ceremony for the late Supreme Court Justice Sandra Day O'Connor
Virginia “Ginni” Thomas, wife of Supreme Court Justice Clarence Thomas, testified before the House committee in September 2022
However, the decision to withdraw the case is up to the judge.
Ginni Thomas, who is active in conservative political circles, encouraged lawmakers in Wisconsin and Arizona to overturn Joe Biden's victories in those states, the Washington Post reported.
In the days after the 2020 election, Thomas, a prominent conservative activist, wrote text messages to then-White House Chief of Staff Mark Meadows encouraging him not to let Trump give up the presidential race.
“Help this great president stand firm, Mark!!!…You are the leader with him who stands for America's constitutional government on the brink of collapse. The majority knows that Biden and the left are trying to pull off the biggest heist in our history,” she wrote in a text sent on November 10, a day after the networks called the race for Biden.
In addition, Thomas has pushed state legislatures in Wisconsin and Arizona to overturn the election results.
At least two Wisconsin state lawmakers received a pre-generated letter signed by Thomas asking them to “fight back against fraud” and use their constitutional authority to appoint a “clean” slate of voters who would support Trump over Biden .
She also urged Arizona officials to overturn Biden's victory in that state.
“Please consider the awesome authority our Constitution grants you. And then please take action to ensure a clean slate of voters are chosen for our state,” she wrote.
She also contacted John Eastman, the lawyer who theorized that Vice President Mike Pence could choose alternative slates in swing states when he presided over the Jan. 6 joint session of Congress.
Ginni Thomas, the wife of Judge Clarence Thomas and active in conservative political circles, was a strong supporter of Donald Trump
Rep. Hank Johnson, the top Democrat on the House Judiciary Committee's subcommittee, is leading a new pressure campaign to have Judge Thomas recuse himself from a Trump case
In October, Clarence Thomas recanted from the court's decision not to hear a case related to the January 6 attack involving Eastman.
The Supreme Court formalized its ethics code in November after a series of revelations about secret luxury travel and dealings with wealthy benefactors by some of the top justices, including Thomas. A U.S. Senate panel is also investigating the court's ethics.