Jamie Raskin: How to Force Justices Alito and Thomas to Recuse Themselves in the Jan. 6 Cases

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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.

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Opinion | Jamie Raskin: How to Force Justices Alito and Thomas to Recuse Themselves in the Jan. 6 Cases

Can they really decide for themselves whether they can be impartial?
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"The U.S. Department of Justice — including the U.S. attorney for the District of Columbia, an appointed U.S. special counsel and the solicitor general, all of whom were involved in different ways in the criminal prosecutions underlying these cases and are opposing Mr. Trump’s constitutional and statutory claims — 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."
 
"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."
 

Alito Refuses Calls for Recusal Over Display of Provocative Flags​


“My wife is fond of flying flags,” the justice wrote in a letter to members of Congress who had demanded he step down from two cases related to the Jan. 6 attack. “I am not.”
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Alito Refuses Calls for Recusal Over Display of Provocative Flags

“My wife is fond of flying flags,” the justice wrote in a letter to members of Congress who had demanded he step down from two cases related to the Jan. 6 attack. “I am not.”
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This guy should be removed.
 
On Jan. 17, the upside-down flag hung at the Alito household, according to a photograph obtained by The Times. Neighbors say it was up for a few days. If the flag was intended as a message for the Badens, whose home does not have a direct view of the Alito residence, they missed it, they said.

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The Alitos, the Neighborhood Clash and the Upside-Down Flag

Inside the escalating conflict on a bucolic suburban street that Justice Alito said prompted a “Stop the Steal” symbol at his home.
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US Supreme Court's Alito rejects calls to recuse in 2020 election-related cases​


WASHINGTON, May 29 (Reuters) - Alito, in two letters sent to congressional Democrats, said the flags at issue were flown not by him but by his wife, who he said was exercising her right to free speech under the U.S. Constitution. Trump, who is seeking to regain the presidency this year, quickly praised Alito's decision.

 
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