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Rhiannon12866

(205,552 posts)
Tue Oct 25, 2022, 02:20 PM Oct 2022

How Justice Clarence Thomas violated federal law by not recusing himself in Lindsey Graham Appeal



Meidas Network Host Ben Meiselas discusses how Clarence Thomas likely violated federal law and the United States Constitution Due Process Clause by not not recusing himself in Lindsey Graham’s emergency application to the Supreme Court to avoid testifying before the Fulton County Special Grand Jury. Federal law and the due process clause require recusal where there is an appearance that a Justice’s spouse has an interest in the outcome of a ruling. - Meidas Touch.


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How Justice Clarence Thomas violated federal law by not recusing himself in Lindsey Graham Appeal (Original Post) Rhiannon12866 Oct 2022 OP
What is the consequence? SheltieLover Oct 2022 #1
Impeachment is only mechanism jimfields33 Oct 2022 #2
He didn't FBaggins Oct 2022 #3
Question here bluestarone Oct 2022 #5
Sure. Loads of times FBaggins Oct 2022 #6
TY! bluestarone Oct 2022 #7
Not just unanimous FBaggins Oct 2022 #9
They need to avoid even the appearance of impropriety - he should have recused Blues Heron Oct 2022 #4
The lingering problem for some folks is that they are still expecting justice. Chainfire Oct 2022 #8
Is there a process to FORCE the SC. to vote themselves some type of (how could this be done?) bluestarone Oct 2022 #10
More of the quaint American gov't "honor system." Irish_Dem Oct 2022 #11
And there are no repercussions for SCOTUS Rhiannon12866 Oct 2022 #12
Yep. We are learning that high status people can commit crimes with no repercussions. Irish_Dem Oct 2022 #13

FBaggins

(26,748 posts)
3. He didn't
Tue Oct 25, 2022, 02:36 PM
Oct 2022

SCOTUS justices are themselves the only arbiter of whether they need to recuse in a specific scenario... but a temporary stay on an emergency appeal doesn't really present the question. Nor is there a reasonable connection between his spouse and Graham's case just because they both related to the last election. She hasn't been made a party to the lawsuit, nor is there any reason to think that she will be. More relevantly... the case before him isn't even that case... it's the appeal on whether or not Graham can be forced to testify. There's no plausible connection currently that could make her a party to that appeal.

bluestarone

(16,978 posts)
5. Question here
Tue Oct 25, 2022, 03:24 PM
Oct 2022

Has a SC judge EVER done this before,after a UNANIMOUS decision from any court of appeals?

FBaggins

(26,748 posts)
6. Sure. Loads of times
Tue Oct 25, 2022, 03:29 PM
Oct 2022

It's just a preliminary step while the parties file responses. After that point, it's the whole court conferring re: whether even to proceed.

My guess is that they won't. Someone cited a case yesterday where RBG did exactly the same thing and yet voted against allowing the case to proceed.

Blues Heron

(5,938 posts)
4. They need to avoid even the appearance of impropriety - he should have recused
Tue Oct 25, 2022, 02:42 PM
Oct 2022

But he is a puke so of course he jumped in, giving the appearance of impropriety.

bluestarone

(16,978 posts)
10. Is there a process to FORCE the SC. to vote themselves some type of (how could this be done?)
Tue Oct 25, 2022, 04:45 PM
Oct 2022

Recusal system? Maybe a vote taken by all judges, if one should recuse him,her self? Could congress rule on this?

Irish_Dem

(47,140 posts)
11. More of the quaint American gov't "honor system."
Tue Oct 25, 2022, 05:31 PM
Oct 2022

Except it doesn't work with people who are psychopaths and have no honor.

Rhiannon12866

(205,552 posts)
12. And there are no repercussions for SCOTUS
Tue Oct 25, 2022, 05:49 PM
Oct 2022

They are not elected by the people, once appointed they have the job for life.

Irish_Dem

(47,140 posts)
13. Yep. We are learning that high status people can commit crimes with no repercussions.
Tue Oct 25, 2022, 06:01 PM
Oct 2022

There are either no laws to stop them, or the laws in place are meaningless, no one will enforce them.

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