Judge Tanya Chutkan, assigned to Smith's case, has slammed Trump's presidential immunity argument as absurd — ruling that U.S. presidents do not enjoy a "divine right of kings."
But it remains to be seen what the High Court will decide.
Critics of far-right Justice Clarence Thomas have been arguing that because of the role his wife, GOP activist Ginni Thomas, played in Trump's efforts to overturn the 2024 presidential election results, he should recuse himself from the case. Justice Thomas' critics argue that it is a major conflict of interest for him to rule in Trump's immunity case.
READ MORE: Ex-prosecutor: SCOTUS delay in deciding Trump immunity is 'corrosive' to democracy
But CNN's Devan Cole reports that Justice Thomas "has given no sign that he intends to recuse himself."
Gabe Roth, executive director of Fix the Court — a group calling for Supreme Court reforms — believes that Thomas should at least offer an explanation.
Roth told CNN, "I think that's a fairly low bar: you think you're unbiased — OK, tell us why."
Senate Judiciary Committee Chairman Sheldon Whitehouse (D-RI) has concerns about Thomas' participation in the case as well.
READ MORE: Ex-prosecutor: SCOTUS 'lollygagging' on Trump immunity aids 'denigration of legal system'
The Democratic senator told CNN, "He's still never answered questions about what he knew about his wife's insurrectionist activities as he sat on cases directly involving those activities."
Meanwhile, in a biting opinion column, MSNBC legal writer Jordan Rubin argued that it is unethical for Thomas to not recuse himself from Trump's immunity case.
Thomas' "participation," Rubin warns, is "incredible in a bad way."
"The GOP appointee has ignored calls to recuse himself from January 6-related cases, even though his wife, Ginni, backed efforts to overturn Trump's 2020 election loss," Rubin wrote.
"Notably, Thomas did recuse himself from a rejected petition by MAGA lawyer John Eastman at the beginning of the term in October, though he didn't explain his rationale for doing so. I have made the modest suggestion that he should at least explain his non-recusal in these matters, but the justice has not taken me up on that idea."
The MSNBC legal columnist continued, "Indeed, we saw quite recently that Thomas has no intention of sitting out these cases. At last week's hearing in another January 6 appeal, he pressed the federal government on its prosecutions of rioters, suggesting that they're unfair.
“Given his personal connection to the insurrection and its aftermath, Thomas' involvement in Trump's immunity appeal is even further troubling, due partly to the presently unknown behind-the-scenes moves that led the Court to take up the appeal at all back in February and then not hear it argued sooner."
READ MORE: 'His wife participated': Clarence Thomas urged to recuse himself in Trump immunity case
Read CNN's full report at this link and Jordan Rubin's MSNBC column here.
