Clarence Thomas has an opportunity to do the right thing by recusing himself from Trump’s immunity claim. Is he going to?

Raushan

The first cases relating to the prosecutions of Jan. 6 defendants, including a certain former president, have arrived at the Supreme Court, raising the vexing question: Will Justice Clarence Thomas, the spouse of a documented election-denying, pro-Trump conspirator, recuse himself as he should?

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There is very little in Thomas’ recent history to suggest that he will. He has testified in various election lawsuits and has consistently favored Republican claims. Furthermore, there is nothing in the famous new/not-new code of conduct that the Supreme Court reluctantly adopted last month in response to repeated tales of some justices’ — particularly Thomas’ — wrongdoing. That gap in the coding only adds to its hollowness.

Last week, the Supreme Court agreed to hear a brave motion from special counsel Jack Smith, reflecting Smith’s determination to thwart Donald Trump’s delay tactics and reach a decision before the 2024 election in the Washington case alleging that the former president attempted to rig the 2020 election.

Smith requested that the justices assess Trump’s claim of presidential immunity for his actions without waiting for the Court of Appeals to rule. (In this case, Tanya S. Chutkan, the District Court judge, found that the former president did not have “the divine right of kings to evade criminal accountability.” Trump filed an appeal.)

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The Trump administration now has until Wednesday to reply to Smith’s motion. Smith’s request might be granted or denied by the Supreme Court as soon as this week. You have to imagine that Chief Justice John G. Roberts Jr. would prefer to settle the dispute as soon as possible rather than rule during the 2024 campaign.

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By Raushan
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A Software engineer by profession, cook and blogger by passion
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