Clarence Thomas Under Pressure to Recuse Himself From Donald Trump Case

U.S. Supreme Court Associate Justice Clarence Thomas is facing pressure to recuse himself from a case determining whether Donald Trump can claim presidential immunity from prosecution in a federal indictment against him.

The former president is appealing a decision made by U.S. District Judge Tanya S. Chutkan ruling that former presidents will have "no special conditions on their federal criminal liability" and Trump does not have "absolute immunity" from criminal prosecution for his actions while in the White House.

Trump made the argument in relation to a federal case accusing him of attempting to overturn the results of the 2020 election in the run-up to the January 6, 2021, riot at the U.S. Capitol. He pleaded not guilty to the charges, including conspiracy to defraud the U.S. government and conspiracy to obstruct an official proceeding, and moved to have the charges in the four-count indictment, filed in August, dismissed.

Following the 2024 Republican presidential front-runner's appeal to an appellate court, Special Counsel Jack Smith, who is overseeing the investigation into Trump, requested that the Supreme Court decide the case, bypassing the federal appeals court. The court then agreed to consider his request and asked Trump's legal team to file a response by December 20.

A bypass could mean the March 4 trial date previously set could still go ahead.

Reacting to the news on X, formerly Twitter, some took issue with Thomas' involvement in the ruling, with many pointing out that his wife, Ginni Thomas, was allegedly involved in Trump's efforts to overturn the results of the 2020 election.

In December 2022, she was questioned by a committee investigating the January 6 riot after reports that she had texted White House Chief of Staff Mark Meadows, urging him to continue challenging the election results.

"I regret all of these texts," she said.

"It was an emotional time," she said. "I was probably just emoting, as I clearly was with Mark Meadows, somewhat."

She has also denied influencing her husband, who was the sole justice to oppose forcing hundreds of White House documents to be disclosed to the January 6 committee, and lobbied lawmakers in Arizona and Wisconsin to block certification of Joe Biden's win in those states in an effort to help Trump win.

Newsweek reached out to the Supreme Court by email and representatives for Thomas by website form for comment.

Victor Shi, a Democratic campaigner wrote on X: "So, Clarence Thomas, whose wife Ginni Thomas had a major role in overturning the 2020 election, has yet to recuse himself from the presidential immunities case, which means he could be one of nine justices who decide the case. Clarence Thomas must recuse himself now.

"This issue will shape our democracy & ethnically & morally, Clarence Thomas recusing himself is the responsible thing to do — for public trust in the Court's decision. It's time that we all demand Clarence Thomas recuse himself from Jack Smith's case."

Senator Dick Durbin, an Illinois Democrat, suggested Thomas "think twice" about the case.

"There's been enough information raised about Mr. Thomas and his spouse that he ought to think twice about recusal in this case," he told CNN's Manu Raju on Monday.

Former New York Assistant Attorney General Tristan Snell wrote: "Clarence Thomas should recuse himself from *ANY* SCOTUS case regarding Donald Trump and the January 6 Conspiracy -- given his wife Ginni Thomas's communications with members of the Conspiracy [e.g. Mark Meadows], with strategic suggestions for conducting the Conspiracy."

Democrat content creator Harry Sisson wrote: "Clarence Thomas must recuse himself from any and all cases involving Donald Trump and the 2020 election. His wife was deeply involved in Trump's insurrection efforts and Thomas himself has a history of corruption. There is a clear conflict of interest. He CANNOT be involved."

Meanwhile, Trump's campaign reacted to the Supreme Court decision by accusing Smith of trying to rush a "witch hunt" in a press statement.

"As President Trump has said over and over again, this prosecution is completely politically motivated...," the statement said. "There is absolutely no reason to rush this Witch Hunt to trial, except to injure President Trump and his 150 million, at least, supporters."