Raskin argues DOJ can force recuses from Alito and Thomas in Jan. 6 cases

Rep. Jamie Raskin (D-Md.) argued that the Department of Justice (DOJ) could force the recusals of Supreme Court Justices Clarence Thomas and Samuel Alito in cases he faces related to the January 6, 2021 Capitol attack.

“Everyone assumes that nothing can be done about the recusal situation because the highest court in the land has the lowest ethical standards — no binding code of ethics or process outside of personal reflection,” the Maryland Democrat said. he said in an op-ed in The New York Times published Wednesday. “Each judge decides for himself whether he can be impartial.”

Raskin then noted that Alito and Thomas “could choose to recuse themselves,” but that “begging them to do the right thing means missing out on a much more effective course of action.”

“The U.S. Department of Justice – including the U.S. Attorney for the District of Columbia, a U.S.-appointed special counsel, and the Attorney General, all of whom are involved in different ways in the criminal proceedings underlying these cases and who oppose the legislation constitutional and legal claims – can petition the other seven justices to demand that Justices Alito and Thomas recuse themselves not as a matter of grace, but as a matter of law,” Raskin continued.

Alito and Thomas have faced recent calls to recuse themselves from cases related to the January 6 attack due to controversies over flags allegedly flying at Alito’s homes linked to the “Stop the Steal” effort and the alleged involvement of Thomas’ wife in that same effort. .

“The Department of Justice and Attorney General Merrick Garland can invoke two powerful textual authorities for this motion: the Constitution of the United States, specifically the Due Process Clause, and the federal statute mandating judicial disqualification for questionable impartiality, 28 U.S.C. Section 455,” Raskin said.

The Hill has reached out to the DOJ and Supreme Court.

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