President Joe Biden elected not to wade into the controversy over whether or not Supreme Court Justice Clarence Thomas should recuse himself from cases involving the Jan. 6 Capitol riot, saying it’s up to the Justice Department and the House’s Jan. 6 committee.

Democrats have called on Thomas to recuse himself from any cases pertaining to the Jan. 6 riot or future cases involving former President Donald Trump, owning to ethics concerns about his spouse, Ginni Thomas. Biden was asked about the issue on Monday but sidestepped it.