In an interview with Rolling Stone's Andrew Cohen, historian Jeff Shesol said he has no doubt that Supreme Court Justice Clarence Thomas and his wife Ginni Thomas are in "lockstep" when it comes to believing Donald Trump should still be in the White House and claimed they see what they are doing as a "holy war."
With Cohen writing, "You don’t need to be a legal expert to know that one spouse shouldn’t sit in judgment in a case in which the other spouse is a witness — or a suspect. That’s as classic a conflict of interest as one can imagine and by refusing to acknowledge it Justice Thomas has brought great discredit on himself and his colleagues on the Court," he asked the author of “Supreme Power: Franklin Roosevelt vs The Supreme Court,” what he thinks is going on after revelations about Ginni Thomas' texts urging overturning the 2020 presidential election results.
According to Shesol, the biggest immediate problem is the fact that there is no mechanism in place to force Supreme Court justices to recuse themselves in cases where they have a personal stake as well as their freedom to take public political stances without consequences.
"I wrote for the NYT back in 2011 on the 'extrajudicial' activities of Thomas, [Samuel] Alito, and others," he explained. "They’re even more brazen today, if only because they have never faced any consequences (other than the opprobrium of the left and the mainstream media, opprobrium they welcome) for making political statements to politically minded crowds. You and I can write as many mean articles about them as we’d like, but short of impeachment, they’re untouchable and they revel in it."
According to the historian, he can't be sure Ginni Thomas was talking about her husband when she referenced support for election interference from her "best friend" -- but he has his suspicions.
After stating, "In a very real sense, Clarence and Ginni Thomas are answerable only to Clarence and Ginni Thomas. The Trump Administration gave us all a hard lesson in how few actual rules bind the behavior of our national leaders, and how much depends on their good judgment and self-restraint," he added. "Even if she’s not referring to Justice Thomas, the recent New Yorker story, among others, underscores the absurdity of the notion that (as they’ve claimed) Ginni does her thing and Clarence does his, and that they don’t discuss their work. This is a holy war, and, again, they are waging it in lockstep."
According to Shesol, Ginni Thomas is up to her neck in involvement in the Jan 6th insurrection and there is little reason to believe that her husband didn't know it.
Explaining, "Ginni played an active role (which seems, with every passing revelation, to have been a greater role than previously disclosed or imagined) in trying to subvert the Constitution by overthrowing the results of a presidential election," he maintained that her husband's decision to side with Donald Trump on hiding White House documents, and his current silence, makes him suspect.
"Her husband’s role, apart from his dissent from that unsigned order, is less clear—though it is clear enough that he acted (or would have acted, if the other conservatives had joined him) in shielding his wife’s role in the plot from scrutiny," he stated. "Though his dissent is silent to his true motivations he has thus involved and implicated himself in the insurrection."
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