"Even one unnecessary recusal impairs the functioning of the Court, " the seven Justices say in their policy.
The statute sets out one general and several specific conditions that warrant recusal.
Were any of those cases given any serious consideration in terms of what a factor recusal might have on them?
Mr. Holder said he didn't know whether he put the recusal in writing but said that "might be the better practice" in such cases.
The usual standard for recusal is not an actual conflict of interest, the company noted, but anything that might give rise to a suspicion of conflict.
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But even the most accomplished jurist may, at one time or another, engage in conduct that requires recusal in order to preserve the integrity of the court.
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Only two weeks ago the five-member NRC voted 4-0 (one recusal) to grant a 20-year license extension to the Vermont Yankee facility on the Connecticut River, just north of the Massachusetts border.
"The attorney general, in an abundance of caution, believed that his recusal was appropriate based on the totality of the circumstances and the facts and evidence developed at this stage of the investigation, " he said.
Ashcroft's recusal means that Comey, second in command at the Justice Department, automatically becomes the acting attorney general for this case and has the authority to determine how the case is investigated and, if warranted, prosecuted.
"You can always find a critic, but not one single person involved in this investigation has expressed either formally or informally the need for recusal or the appointment of a special prosecutor, " said Mark Corallo, Ashcroft's chief spokesman.
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