Democrat Representative Jamie Raskin is arguing Joe Biden’s Justice Department can force Supreme Court justices Clarence Thomas and Samuel Alito to step down from cases related to the January 6 protests. The cases in question, Trump v. United States and Fischer v. United States, involve then-President Donald Trump’s supposed role in the Jan 6 disorder.
According to Raskin, U.S. Attorney General Merrick Garland can petition other Supreme Court justices to enforce recusal under judicial disqualification statutes and the U.S. Constitution. Raskin emphasizes that these recusal statutes are legally binding and not mere recommendations.
“It seems unfathomable that the two justices could get away with deciding for themselves whether they can be impartial in ruling on cases affecting Donald Trump’s liability for crimes he is accused of committing on Jan. 6,” Raskin whines.
“The U.S. Department of Justice… can petition the other seven justices to require Justices Alito and Thomas to recuse themselves not as a matter of grace but as a matter of law,” he argues.
“The Justice Department and Attorney General Merrick Garland can invoke two powerful textual authorities for this motion: the Constitution of the United States, specifically the due process clause, and the federal statute mandating judicial disqualification for questionable impartiality, 28 U.S.C. Section 455,” he claims.
SEPARATION OF POWERS?
The Biden Justice Department’s attempting to stack the court against Donald Trump while prosecuting him would be a significant attack on the separation of powers, with the Supreme Court being a branch of the U.S. government co-equal with the executive.
However, it is not the only line of attack Raskin has opened against the Supreme Court. He is also pushing for Congress to stack the court with four additional justices and to impose an “ethics code” which would make it easier for Congressmen to impeach justices considered problematic.
Raskin appears willing to thwart Trump’s reelection by any means necessary, drafting legislation to try and prevent him from standing and celebrating his sham conviction in New York as a “victory” for “Democratic politics.”