Dear Senators Durbin and Whitehouse: This is in response to your letter of May 23 to the Chief Justice requesting that he take steps to ensure that I recuse in Trump v. United States, No. 23-939, and any other cases "related to the 2020 presidential election" or "the January 6th attack on the Capitol."' As the Court has pointed out, "[i]ndividual Justices, rather than the Court, decide recusal issues."? I am therefore responding directly to your letter. In it, you claim that two incidents involving the flying of flags created an appearance of impropriety that requires my recusal. The applicable provision of our Code of Conduct states as follows: "B. DISQUALIFICATION. (1) AJustice is presumed impartial and has an obligation to sit unless disqualified. (2) AJustice should disqualify himself or herself in a proceeding in which the Justice's impartiality might reasonably be questioned, that is, where an unbiased and reasonable person who is aware of all relevant circumstances would doubt t
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