Trump pick noncommittal on recusing from election-related cases

Judge Amy Coney Barrett, President TrumpDonald John TrumpFive takeaways from the vice presidential debate Harris accuses Trump of promoting voter suppression Pence targets Biden over ISIS hostages, brings family of executed aid worker to debate MORE‘s Supreme Court pick, did not commit to recusing herself from election-related cases if she is confirmed, according to a Democratic senator who spoke with her Wednesday. 

Sen. Chris CoonsChristopher (Chris) Andrew CoonsTrump pick noncommittal on recusing from election-related cases Americans want to serve — it’s up to us to give them the chance GOP Sen. Thom Tillis tests positive for coronavirus MORE (D-Del.), a member of the Judiciary Committee tasked with weighing the judge’s nomination, said Barrett sidestepped giving a direct answer on the issue. The topic is all but guaranteed to come up again during next week’s days-long confirmation hearings.

“I specifically asked her whether she would recuse herself from any election-related case because President Trump has publicly said that he wants her seated on the Supreme Court in time for the election so she can rule on any dispute,” Coons told reporters.

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“She made no commitment to recusal. She went through what the factors are for recusal, and said … essentially that it would depend on the circumstances for any judge to make any recusal decision. And she wouldn’t make some commitment to that ahead of the time that it might be in front of her,” he added.

A White House spokesman defended Barrett’s answer to Coons.

“Asking the nominee to pre-judge or promise a decision on a case — including the decision to take the case at all — violates the bedrock constitutional principle of judicial independence,” White House spokesman Judd Deere told CNN.

The Democratic senator noted that he raised Bush v. Gore during his conversation with Barrett. The controversial 2000 Supreme Court decision ended a Florida recount and ultimately decided the outcome of that year’s presidential election. Coons said that he and Barrett have “a different view of that case.”

Coons was one of six Democratic senators who Barrett spoke with over the phone Wednesday ahead of her Judiciary Committee hearing, which is scheduled to start Monday.

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Barrett also spoke with Sen. Dianne FeinsteinDianne Emiel FeinsteinHarris: ‘Insulting’ to suggest she or Biden would attack someone for their faith Trump pick noncommittal on recusing from election-related cases Amy Coney Barrett is brilliant; her ascent to the Supreme Court is not MORE (Calif.), the top Democrat on the Judiciary panel, as well as Democratic Sens. Patrick LeahyPatrick Joseph LeahyTrump pick noncommittal on recusing from election-related cases Manchin becomes first Democrat to meet with Trump’s Supreme Court pick Comey defends FBI Russia probe from GOP criticism MORE (Vt.), Dick DurbinRichard (Dick) Joseph DurbinTrump pick noncommittal on recusing from election-related cases Dems to focus on issues, not character, at Barrett hearings The cost of being a faithful citizen MORE (Ill.), Sheldon WhitehouseSheldon WhitehouseTrump pick noncommittal on recusing from election-related cases Amy Coney Barrett is brilliant; her ascent to the Supreme Court is not Dems to focus on issues, not character, at Barrett hearings MORE (R.I.) and Amy KlobucharAmy KlobucharTrump pick noncommittal on recusing from election-related cases Top Democrats introduce resolution calling for mask mandate, testing program in Senate Amy Coney Barrett is brilliant; her ascent to the Supreme Court is not MORE (Minn.), who are each on the committee, according to a list released from the White House and confirmations from Senate offices.

She also spoke last week with Sen. Cory BookerCory Anthony BookerTrump pick noncommittal on recusing from election-related cases Debate is Harris’s turn at bat, but will she score? Booker calls Pence ‘a formidable debater’ ahead of VP debate MORE (D-N.J.), another member of the committee, the Democratic senator’s office confirmed.

“During these calls, the judge emphasized the importance of judicial independence and spoke about her judicial philosophy and family. Judge Barrett is looking forward to her upcoming hearing on Oct. 12,” Deere said.

Whitehouse, according to a readout from his office, also talked to Barrett about “his concerns about dark-money influence around the Supreme Court, which he called ‘the scheme around the Court,’ ” including the Federalist Society, Judicial Crisis Network and other groups with anonymous donors.

But the issue of whether Barrett would recuse herself is expected to be brought up by Democrats as part of two days of questions allowed under the Judiciary Committee’s timeline.

Several Democrats on the committee, including Leahy, Booker and Coons, have suggested they will ask Barrett during the hearing about recusing herself after Trump publicly said he wanted Barrett on the bench in case the outcome of the November election ends up at the country’s highest court.

If confirmed, Barrett would become the third judge appointed to the high court by Trump, following Neil GorsuchNeil GorsuchTrump pick noncommittal on recusing from election-related cases Supreme Court hears landmark B copyright fight between Oracle, Google Amy Coney Barrett is brilliant; her ascent to the Supreme Court is not MORE and Brett KavanaughBrett Michael KavanaughTrump pick noncommittal on recusing from election-related cases Debate is Harris’s turn at bat, but will she score? Amy Coney Barrett is brilliant; her ascent to the Supreme Court is not MORE.

“I think this [election] will end up in the Supreme Court, and I think it’s very important that we have nine justices,” Trump told reporters late last month.

Barrett provided some details about when she would automatically recuse herself as part of her Judiciary Committee questionnaire that was released late last month.

According to the document, Barrett said she would recuse herself from cases involving her husband or her sister, both attorneys; cases involving Notre Dame University, where she was a law professor; or matters that she participated in while serving as a judge on the U.S. Court of Appeals for the 7th Circuit.

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