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Democrats: Justice Thomas should recuse himself from Trump cases

By Jake Beardslee · December 13, 2023

In brief…

  • Senate Democrats say Justice Thomas should recuse himself from cases involving Trump's immunity claims due to his wife's support for Trump's election claims
  • They argue Thomas has a conflict of interest because of his wife Ginni's advocacy for overturning the 2020 election
  • Ginni Thomas texted Meadows urging him to fight accepting Biden's win and attended the Jan. 6 Trump rally
  • Democrats say Thomas has both an actual and perceived conflict of interest on Trump cases
  • Republicans Graham and Lee defend Thomas and say recusal is up to him
Senate Democrats call for Supreme Court Justice Clarence Thomas to recuse himself from cases concerning Trump's immunity claims because of his wife Ginni's vocal support for Trump's false stolen election narrative and involvement in efforts to overturn the 2020 results.  The White House from Washington, DC/Wikimedia

Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) and other committee Democrats are urging Supreme Court Justice Clarence Thomas to recuse himself from any case involving former President Trump’s claim that he has immunity from prosecution for potential crimes committed while in office, according to a statement by Durbin.

Durbin expressed concern over “the relationship of the justice and his family with the Trump administration” and argued that “in the interests of justice, he should recuse himself.” He worries the conservative-leaning Supreme Court could end up siding with Trump on the immunity claims. “If we say certain people are above the law, I believe it diminishes values in this country,” Durbin stated.

The Democrats cite Thomas’s wife Ginni’s vocal support for Trump’s false stolen election claims and her advocacy for overturning the 2020 election results as evidence for a conflict of interest. Sen. Richard Blumenthal (D-Conn.) pointed out that “the special counsel’s case against Trump for trying to overturn the results of the 2020 election ‘concerns Jan. 6, which involved [Thomas’s] wife,’” The Hill reported.

Sen. Mazie Hirono (D-Hawaii) argued that Thomas has both an actual and perceived conflict of interest regarding Trump cases. She said Thomas should have recused himself previously as well.