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I was a law clerk for Justice Alito. He must recuse himself from hearing cases involving Donald Trump.

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A flag waving upside down in front of the U.S. Capitol grounds on Jan. 6, 2021.
A flag waving upside down in front of the U.S. Capitol grounds on Jan. 6, 2021.Michael S. Williamson / The Washington Post

The U.S. Supreme Court is currently deciding whether a presidentโ€™s actions while in office are absolutely immune from criminal prosecution, irrespective of whether they concern the legitimate business of the office. Donald Trump has been indicted in state and federal courts in Washington, D.C., Florida, Georgia, and New York, alleging fraud as well as crimes in connection with the Jan. 6 insurrection, the mishandling of classified documents, election interference, and more.

If the Supreme Court decides that he has blanket immunity โ€” a decision expected any day now โ€” these criminal charges, and any others, disappear. This means a president could commit serious crimes while in office, having nothing to do with the legitimate function of government, without facing any consequences. A president could theoretically hire an assassin to kill a competitor with impunity.

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Justice Alito must recuse himself from having any role in the decision of these cases.

Federal law requires a justice, judge, or magistrate to disqualify themself in proceedings in which their โ€œimpartiality may reasonably be questioned.โ€ Judges routinely recuse themselves from cases where the mere hinted appearance of impropriety is enough to warrant stepping away from a case.

Right wing JoSCOTUS are declaring themselves IMMUNE from ethical requirements they RECENTLY ESTABLISHED and have been inforce for ALL OTHER JUSTICES. ๐Ÿคฎ

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