UPDATE! In a House hearing yesterday, Rep. Hank Johnson (D-GA) urged
Attorney General Merrick Garland to formally request that the Supreme
Court require Justices Alito and Thomas to recuse themselves from cases
involving January 6 and Trump, as Rep. Jamie Raskin recently suggested in
a New York Times [ [link removed] ]op-ed.

A Constitutional expert, Raskin writes that the Constitution’s Due Process
clause can be invoked to require that Alito and Thomas recuse themselves
after their spouses hung insurrectionist flags and collaborated with
insurrectionists.

Garland refused to answer in the hearing, but this move can only happen if
he and the Department of Justice initiate the process. That’s why
thousands of PCCC members have been taking these actions:

 1. [ [link removed] ]SIGN THE PETITION: Tell Merrick Garland to formally insist that the
7 other Supreme Court justices require that Justices Alito and Thomas
recuse themselves from cases involving January 6 and Trump.
 2. [ [link removed] ]Call the Department of Justice and leave a voicemail for Merrick
Garland now. (We’ll give you the phone number and a script.)
 3. [ [link removed] ]Chip in $3 to Jamie Raskin’s re-election campaign for continuing
his ongoing heroic work to save our democracy.

Jamie explains this way:

"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. The Constitution has come into play in several
recent Supreme Court decisions striking down rulings by stubborn judges in
lower courts whose political impartiality has been reasonably questioned
but who threw caution to the wind to hear a case anyway...

"The recusal statute, if triggered, is not a friendly suggestion. It is
Congress’s command, binding on the justices, just as the due process
clause is. The Supreme Court cannot disregard this law just because it
directly affects one or two of its justices. Ignoring it would trespass on
the constitutional separation of powers because the justices would
essentially be saying that they have the power to override a congressional
command.

"When the arguments are properly before the court, Chief Justice John
Roberts and Associate Justices Amy Coney Barrett, Neil Gorsuch, Ketanji
Brown Jackson, Elena Kagan, Brett Kavanaugh and Sonia Sotomayor will have
both a constitutional obligation and a statutory obligation to enforce
recusal standards."

Raskin notes that:

"At his Senate confirmation hearing, Chief Justice Roberts assured America
that 'Judges are like umpires.'"

"But professional baseball would never allow an umpire to continue to
officiate the World Series after learning that the pennant of one of the
two teams competing was flying in the front yard of the umpire’s home. Nor
would an umpire be allowed to call balls and strikes in a World Series
game after the umpire’s wife tried to get the official score of a prior
game in the series overthrown and canceled out to benefit the losing team.
If judges are like umpires, then they should be treated like umpires, not
team owners, team fans or players."

Take urgent action today. The Supreme Court could rule on giving Trump
immunity for Jan. 6 at any moment.

 1. [ [link removed] ]SIGN THE PETITION telling Merrick Garland to insist that the other
7 justices require Alito and Thomas to recuse themselves from cases
involving January 6 and Trump.
 2. [ [link removed] ]Call the Department of Justice.
 3. [ [link removed] ]Chip in $3 to Jamie Raskin’s re-election campaign. We need this
brilliant constitutional scholar in Congress fighting to save our
democracy!

Thanks for being a bold progressive.

-- The PCCC Team

 

 

 


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