Five House Democrats urge DOJ probe into Supreme Court justice
Justice Clarence Thomas is seen in his official Supreme Court of the United States portrait. (SOURCE: supreme court.gov)
Five Democratic members of Congress are calling on the country’s attorney general to open an investigation into Supreme Court Justice Clarence Thomas.
The letter, which was sent to Merrick Garland’s office at the Department of Justice on Friday, follows a series of scandals involving Thomas that have been publicized over the last several months.
The five members of Congress — Alexandria Ocasio-Cortez, Jerry Nadler, Jamie Raskin, Hank Johnson and Ted Lieu — are specifically seeking an investigation into Thomas’ financial disclosures. Their pursuit follows a bombshell report from ProPublica that found the Supreme Court justice failed to include millions of dollars in gifts throughout his time on the country’s highest bench.
Referring to the justice’s wife, Virginia "Ginni" Thomas, as a "far-right activist who often champions conservative causes that come before the [Supreme] Court," the five Democrats say the couple have failed to report "the source, description, and value" of gifts received over the course of at least 15 years.
The omitted items include a private jet ride and super yacht voyage in Indonesia in 2019, which, according to the letter, are valued at roughly $500,000. The Thomas family also joined the Crows on trips to Greece in 2007, New Zealand in 2013, and several destinations within the United States as early as 2016.
But other than luxurious trips, what makes Thomas’ relationship with Crow more worrisome is the fact that the billionaire paid at least $6,000 per month for the justice’s grand-nephew to attend two private boarding schools.
Not only that, Thomas also failed to disclose the 2014 sale of a single-story home where his mother lives as a tenant and two vacant lots to Crow for just over $133,000, which netted him at least $15,000 more than the properties were worth in just 2010.
Despite becoming the landlord of the justice’s mother, Crow reportedly allowed her to continue to live there as recently as May 2023. He also made a number of renovations to the home, like building a carport. It seems like a nice gesture considering he doesn’t charge her for rent.
So where does Crow benefit, aside from rubbing shoulders with one of the most powerful lawmakers in the country? Well, according to the letter, Crow has served on the Board of Directors at the American Enterprise Institute. That’s a clear conflict of interest, the House Democrats argue, because the Institute "regularly files amicus briefs in Supreme Court cases and whose position Justice Thomas has regularly adopted."
Overall, the five have documented at least 38 destination vacations, 26 private jet flights, eight helicopter flights, VIP passes to sporting events, stays at luxury resorts, and an invitation to an exclusive golf club among the omissions in Thomas' financial disclosures — estimated to be worth several million dollars.
A closer look at Clarence Thomas
At 75, Thomas is the oldest and longest-serving of the current Supreme Court justices, having been confirmed to the bench in 1991 after being nominated by President George H. W. Bush.
But confirming the second African American to the high court was not without controversy. Thomas was accused of sexual harassment by his junior colleague, Anita Hill.
Testifying at his confirmation hearing, watched by nine out of every ten Americans, Hill shared publicly the details of her story, noting that Thomas continued the harassment despite her firm rejections and efforts to stop the behavior.
To this day, Thomas has not offered an apology to Hill or taken responsibility for his behavior. In a cruel move, Ginni Thomas left Hill a voicemail in 2010 urging her to apologize to the Supreme Court justice for speaking publicly about her experience working for him.
Letter argues omissions constitute a crime
The five House Democrats argue Thomas broke the Ethics of Government Act of 1978 by "omitting millions of dollars in gifts" in his annual financial disclosures, which require officials to certify that the document is "accurate, true and complete."
"Justice Thomas’s consistent failure to disclose gifts and benefits from industry magnates and wealthy, politically active executives highlights a blatant disregard for judicial ethics as well as apparent legal violations," the letter reads.
"No individual, regardless of their position or stature, should be exempt from legal scrutiny for lawbreaking. The integrity of our judicial system hinges on the impartiality and transparency of its members."
The letter argues that Thomas "should be held to the highest standard, not the lowest," as a Supreme Court justice, adding that he "shouldn’t be allowed to violate federal law."
"Refusing to hold him accountable would set a dangerous precedent, undermining public trust in our institutions and raising legitimate questions about the equal application of laws in our nation."
Impeaching Clarence Thomas
Last week’s ProPublica report is just one of several recent stories by the outlet that have called into question the ethical integrity of Thomas.
Friday’s letter cited an April 6 piece called "Clarence Thomas and the Billionaire," a masterclass in investigative journalism outlining a series of gifts from Harlan Crow, which include lavish, luxurious vacations to the billionaire’s private resort with round-trip access to his private jet.
The shocking report prompted a rare public statement from Thomas on April 7, where he called the Crows dear friends for over 25 years.
"As friends do, we have joined them on a number of family trips during the more than quarter century we have known them," Thomas said in the statement.
According to Thomas, he sought advice from other judiciary officials early in his career, which led him to believe these vacations could be omitted from his annual financial disclosures.
While the letter from the five House Democrats calls for an investigation, calls for the impeachment of Thomas date back to early 2022, when news broke that Ginni Thomas had not only attended the "Stop the Steal Rally" on Jan. 6th, 2021, but she also texted then-White House Chief of Staff Mark Meadows about overturning the 2020 presidential election.
In March 2022, author and MSNBC host Mehdi Hasan penned an op-ed calling on then-House Speaker Nancy Pelosi and the Democratic majority to open impeachment proceedings against Thomas.
"Today, we agree that a judge cannot, and should not, be removed simply because we disagree with their rulings," Hasan wrote at the time. "But we should then also agree that if judges are violating ethics or subject to conflicts of interest, they should in theory be impeached and removed from the bench."
The real scandal, Hasan tweeted Sunday, is the fact that only five members of Congress signed the letter.