Conflict of Interest Concerns Surrounding Justice Thomas
The arrival of the first cases related to the prosecutions of Jan. 6 defendants, including a certain former president, at the Supreme Court has raised a burning question: Will Justice Clarence Thomas, the spouse of a documented election-denying, pro-Trump conspirator, recuse himself as he should?
There is little evidence to suggest that Thomas will recuse himself. He has previously participated in several election cases and consistently favored Republican arguments. The recently issued code of conduct by the Supreme Court does not oblige him to do the right thing, further highlighting its hollowness.
The Urgency to Expedite Consideration
Last week, special counsel Jack Smith made a bold motion to expedite the consideration of former President Donald Trump’s claim of presidential immunity for his actions in the Washington case alleging an attempt to subvert the 2020 election. The Supreme Court swiftly agreed to consider the motion, reflecting the desire to prevent delay tactics and reach a verdict before the 2024 election.
Smith’s motion requires a response from the Trump team by Wednesday. The Supreme Court could grant or reject the request as early as this week. Chief Justice John G. Roberts Jr. likely wishes to settle the matter quickly rather than have it lingering during the 2024 campaign.
The Capitol Riot Prosecutions
In addition to the Washington case, the Supreme Court will also decide a separate case challenging the federal government’s prosecutions of hundreds of rioters at the Capitol on Jan. 6, 2021. The charges involve corruptly obstructing an official proceeding, specifically the certification of Joe Biden’s 2020 election win. Trump himself faces similar charges.
Given his apparent conflict of interest, Justice Thomas should have no involvement in either of these cases.
Virginia “Ginni” Thomas and the Conflict of Interest
Justice Thomas’ wife, Virginia “Ginni” Thomas, is a long-time conservative activist who actively supported efforts to overturn the 2020 election. Her actions pose an apparent conflict of interest for her husband. Despite widespread demands for his recusal in previous 2020 election cases, Thomas has consistently declined to do so.
The evidence of corruption and his blindness to the conflict surrounding Jan. 6 is significant. Some argue that Thomas should resign, although it is unlikely. Therefore, the focus should be on demanding his recusal.
Ginni Thomas’ Post-Election Actions
Ginni Thomas’ actions following Trump’s loss reveal her involvement in promoting conspiracy theories and undermining the election results. She actively supported the “Stop the Steal” movement and was among the organizers of the Jan. 6 rally and march to the Capitol. Her deposition by the House Jan. 6 committee resulted in her labeling it as a “political persecution” of innocent citizens.
Throughout these actions, Justice Thomas has shown a clear bias. He objected when his fellow justices rejected attempts to overturn pro-Biden results, dissented in relevant cases, and even participated in a case involving his wife.
The Importance of Recusal
Given the potential conflict of interest, both Justice Thomas and his wife must take conflicts seriously and act accordingly. The integrity of the highest court is at stake. Although there has been one minor exception to Thomas’ refusals to recuse, it is uncertain whether he has truly become more ethical.
It is imperative to hold Justice Thomas accountable and ensure a fair and impartial judicial process.