McConnell Calls for SCOTUS to Hold 2 Democrats Accountable for Recusal Requests

Senate Minority Leader Mitch McConnell, R-Ky., stated that the Supreme Court should “discipline” two Democrat lawyers for their pressure campaign to compel Justice Samuel Alito to recuse himself over the flag controversy.

During his remarks on the Senate floor, McConnell suggested that Democratic Senators Sheldon Whitehouse of Rhode Island and Richard Blumenthal of Connecticut should be reprimanded for privately urging Chief Justice John Roberts to have Alito removed from cases related to January 6th.

McConnell pointed out that as members of the Supreme Court bar and subject to the rules of the American Bar Association (ABA), Whitehouse and Blumenthal are held to a higher standard than other Democrats advocating for Alito’s recusal.

“These senators are, in private, advising the chief justice to alter the course of ongoing legal proceedings. This type of communication, known as ex parte communication, is disapproved of by the ABA’s Rules of Professional Conduct,” McConnell said on the Senate floor.

Claiming that Whitehouse and Blumenthal engaged in unethical professional conduct before the court, McConnell emphasized that they are subject to a different set of rules compared to regular senators. These rules authorize disciplinary action against individuals who display ‘conduct unbecoming’ of a court officer.

In response to McConnell’s allegation of “private” communication, Whitehouse argued that their letter to the Court was public and raised concerns about the lack of an effective ethics process to enforce recusal laws, urging the Chief Justice to take administrative action.

Whitehouse also stated that Roberts and Alito treated the communication as public as well.

Whitehouse and Senate Judiciary Chairman Dick Durbin, D-Ill.,sent a letter to Roberts in late May, requesting Alito’s recusal from cases related to January 6th due to the allegation that Alito’s wife displayed an upside-down flag, potentially signaling support for the protesters of January 6th.

Blumenthal subsequently sent a letter requesting the same, also suggesting that Supreme Court Justice Clarence Thomas should recuse himself.

McConnell dismissed the Democrats’ actions as “profoundly unserious” but acknowledged that their efforts went beyond typical bullying tactics employed by his Democratic colleagues.

“The legal profession is facing challenges. Unethical behavior by attorneys involved in political causes is not limited to a specific party or faction,” McConnell added. “It is the responsibility of the legal profession to regulate itself. Ultimately, this means that courts — including the Supreme Court — must oversee their officers.”