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.
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.
"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.
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.
No comments:
Post a Comment