Miles Archer
Miles Archer's JournalLawrence Tribe: Clarence recusing himself " is not discretionary"
Laurence H. Tribe and Dennis Aftergut
Wed, October 26, 2022 at 7:58 PM·4 min read
https://news.yahoo.com/op-ed-justice-thomas-refusal-235810353.html
There’s a sad lesson for the law and the country in Supreme Court Justice Clarence Thomas’ Oct. 24 stay of a federal appeals court’s order that Sen. Lindsey Graham (R-S.C.) comply with a subpoena to testify before a grand jury in Fulton County, Ga. The district attorney there is conducting a criminal investigation into the parties involved in trying to overturn the results of the 2020 presidential election.
In government, even Alexander Hamilton's “least dangerous" branch — the judiciary — becomes dangerous when there is no enforcement mechanism behind a law.
Title 28, Section 455 of the United States Code is the federal statute that applies to Thomas. It provides: “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned" or his spouse "is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding."
The statute says "shall" — meaning, this is not discretionary. Congress has imposed on federal judges a mandatory duty to disqualify themselves if their impartiality might be reasonably questioned. It does not matter whether Thomas issued Graham’s desired stay or denied it; he wasn’t supposed to rule at all.
It's a matter of whether Garland will draw the same conclusions as most non-Republicans
I don't want to hear any more crap about "YES, but what was Trump THINKING? Did he KNOW he lost, or did he BELIEVE he was doing the right thing?" That Andrea Mitchell / Chuck Todd both-sides-ism, the "let's play devil's advocate and discuss whether Trump could actually be considered guilty..."
Enough is enough. I think his motives were pretty transparent and the evidence is overwhelming. And as they said AGAIN today on MSNBC, after the hearings, "A referral from the Jan 6 Committee is NOT SOMETHING REQUIRED BY THE DOJ. They don't NEED it."
MARK MY WORDS...Jones will handle the $1 billion spanking EXACTLY LIKE Trump or Stone would
He will WHINE and hold a PITY PARTY and appeal to "PATRIOT" suckers and he WON'T BE BROKE FOR LONG.
He's cut from the SAME CLOTH as Trump and Roger Stone.
He's a GRIFTING POS and he may not get all of the money back overnight, but he WILL squeeze the MAGAts. This is GUARANTEED.
I am delighted that DU's Terms of Service no longer apply to Tulsi Gabbard.
I was on my best behavior. Really I was. And the irony is that I have nothing to say about her right now, but if I did, I wouldn't have to keep her status as a Democrat in mind while I said it.
Her social media blitz yesterday was beyond sad. A FLOOD of "I want to tell you why I made this decision" met with a flood of "I don't care why, I'm just glad to see you gone" responses as she rushed into the welcoming arms of Tucker Carlson and Joe Rogan.
Self awareness really is a tough nut to crack for some folks.
Profile Information
Name: Miles ArcherGender: Male
Hometown: Hamilton Massachusetts
Home country: USA
Current location: Nevada
Member since: Wed Oct 16, 2013, 07:49 PM
Number of posts: 18,837
