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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJane Mayer: Legal Scholars Are Shocked By Ginni Thomas's "Stop the Steal" Texts
Link to tweet
https://www.newyorker.com/news/news-desk/legal-scholars-are-shocked-by-ginni-thomass-stop-the-steal-texts
No paywall
https://archive.ph/wAT2I
Several of the countrys most respected legal scholars say that Supreme Court Justice Clarence Thomas must immediately recuse himself from any cases relating to the 2020 election and its aftermath, now that it has been revealed that his wife, Virginia (Ginni) Thomas, colluded extensively with a top White House adviser about overturning Joe Bidens defeat of then President Donald Trump. On March 24th, the Washington Post and CBS News revealed that they had obtained copies of twenty-nine text messages between Ginni Thomas and Mark Meadows, the Trump White House chief of staff, in which she militated relentlessly for invalidating the results of the Presidential election, which she described as an obvious fraud. It was necessary, she told Meadows, to release the Kraken and save us from the left taking America down. Ginni Thomass texts to Meadows also refer to conversations that shed had with Jaredpossibly Trumps son-in-law Jared Kushner, who also served as a senior adviser to the Administration. (Just forwarded to yr gmail an email I sent Jared this am.)
Stephen Gillers, a law professor at N.Y.U. and a prominent judicial ethicist, described the revelations as a game changer. In the past, he explained, he had supported the notion that a Justice and his spouse could pursue their interests in autonomous spheres. For that reason, I was prepared to, and did tolerate a great deal of Ginnis political activism, he said. But Ginni has now crossed a line. In an e-mail reacting to the texts, Gillers concluded, Clarence Thomas cannot sit on any matter involving the election, the invasion of the Capitol, or the work of the January 6 Committee.
As I noted in a recent investigation of Ginni Thomas, Supreme Court Justices arent bound by the judicial code of conduct that applies to all other federal judges, which mandates that they recuse themselves from participating in any cases in which personal entanglements could cause a fair-minded member of the public to doubt their impartiality. Yet Justices are subject to a federal law that prohibits them from hearing cases in which their spouses have an interest that could be substantially affected by the outcome of the proceeding. The statute, 28 U.S.C. section 455, also requires them to disqualify themselves from any proceedings in which their impartiality might reasonably be questioned.
Justice Thomas has already participated in two cases related to the 2020 election and its aftermath, despite his wifes direct involvement in the so-called Stop the Steal efforts. A third case, John Eastman v. Bennie Thompson, may soon reach the Court. Eastman, a right-wing legal theorist who advised Trump on ways to challenge the 2020 election results, is arguing that attorney-client privilege shields his records from the congressional committee that is investigating the January 6th insurrection, which is chaired by Thompson, a Democratic member of Congress from Mississippi; the committee argues that this privilege cant be used to conceal potential crimes by Eastman or Trump. The case, currently in a federal district court in California, is likely to reach the Supreme Court on appeal.
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Jane Mayer: Legal Scholars Are Shocked By Ginni Thomas's "Stop the Steal" Texts (Original Post)
Nevilledog
Mar 2022
OP
MacKasey
(986 posts)1. Thomas needs to retire immediately!!!!
2naSalit
(86,508 posts)2. 1000 Ks & Rs!!!
gratuitous
(82,849 posts)3. Oh, that's just totes adorbs
Justice Thomas recuse himself from ruling on matters involving his wife? What is even the point of getting on the Supreme Court if you can't run legal interference for your wife? You legal scholars and ethicists really need to get out more if you're serious about these statements that Justice Thomas should recuse himself. Run those sentiments past Sen. McConnell or Sen. Cruz to see what the overwhelming reaction from every Republican and every Fox outlet would be.
SoonerPride
(12,286 posts)4. I agree.
Acting shocked is ridiculous
lagomorph777
(30,613 posts)5. Who's gonna make him recuse?
Nobody, that's who. SCROTUS now has 6 co-royals on their thrones.
fightforfreedom
(4,913 posts)6. I would hope they would be shocked.
This is nuts. Thomas must resign, he is tainted beyond repair.
Downtown Hound
(12,618 posts)7. If you're still shocked by anything Republicans do
You haven't neen paying attention for the past 40 years.