Will Clarence Thomas Resign? Harlan Crow Corrupt Claims Grow

Affiliate U.S. Supreme Court docket Justice Clarence Thomas poses for the official photograph on the Supreme Court docket in Washington, D.C., on October 7, 2022. | Supply: OLIVIER DOULIERY / Getty

To put it mildly, this week wasn’t variety to Clarence Thomas, what with an avalanche of media consideration piling on prime of credible stories suggesting the affiliate Supreme Court docket justice has for many years been accepting bribes from a politically linked billionaire with conservative pursuits.

Whereas the strain was already on Thomas to clarify different questionable associations in his personal life that would compromise his skilled life, this week’s allegations added to the standing speculatory query: Will Clarence Thomas resign? The listing of allegations that Thomas is corrupt has grown considerably in simply the previous week alone.

The allegations

The renewed scrutiny of Thomas got here final week after ProPublica printed a bombshell investigative report with receipts galore displaying the second-ever Black Supreme Court docket Choose has been accepting luxurious presents from Harlan Crow, an influential actual property magnate and Texas billionaire, and never reporting them as such.

Accepting such presents constitutes an ethics violation, and Thomas has not denied he ever obtained such presents from Crow.

In response to the report, Thomas has, for many years, accepted free luxurious holidays from Crow.

That a lot had already been recognized since a minimum of 2011, when the New York Occasions printed its investigation into whether or not Thomas misused his “status of workplace” to influence Crow to fund a $1.3 million museum in Pin Level, Georgia, the choose’s hometown. The Occasions additionally unraveled an inventory of presents and donations given to Thomas, together with a $15,000 bust of Abraham Lincoln from a bunch affiliated with Crow.

That very same yr, Politico reported that Crow “additionally as soon as gave Justice Thomas a $19,000 ‘Frederick Douglass Bible’ as a present and donated $150,000 to construct a brand new wing named for Thomas on a Savannah, Ga., library that Clarence Thomas visited continuously in his youth.”

It was in that context final week when ProPublica reported that Thomas and Crow’s suspected reciprocal relationship has continued over time.

From ProPublica:

For greater than 20 years, Thomas has accepted luxurious journeys just about yearly from the Dallas businessman with out disclosing them, paperwork and interviews present. A public servant who has a wage of $285,000, he has vacationed on Crow’s superyacht across the globe. He flies on Crow’s Bombardier World 5000 jet. He has gone with Crow to the Bohemian Grove, the unique California all-male retreat, and to Crow’s sprawling ranch in East Texas. And Thomas usually spends a couple of week each summer season at Crow’s personal resort within the Adirondacks.

The extent and frequency of Crow’s obvious presents to Thomas haven’t any recognized precedent within the fashionable historical past of the U.S. Supreme Court docket.

Monetary disclosure legal guidelines

ProPublica tweeted that the “journeys appeared nowhere on Thomas’ monetary disclosures, the place justices are required to listing most presents.” Failing to take action is illegitimate, ProPublica reported.

“His failure to report the flights seems to violate a federal disclosure legislation handed after Watergate, in response to specialists,” ProPublica added in a prolonged Twitter thread selling its investigative report. “By accepting the journeys, Thomas has damaged long-standing norms for judges’ conduct, ethics specialists and 4 present or retired federal judges mentioned.”

Thomas shortly responded by issuing a press release via a spokesperson denying he violated any legal guidelines.

He mentioned he and his spouse have been “suggested” that such presents have been “not reportable,” no matter meaning.

Comply with-up protection doesn’t appear to bode effectively for Thomas’ future as a member of the nation’s highest courtroom.

First, an ethics watchdog group responded to ProPublica’s breaking information report by urging the U.S. Division of Justice (DOJ) to research Thomas for any potential wrongdoings.

“This high-profile ethics matter has historic implications far past one Supreme Court docket justice,” attorneys for the nonpartisan Marketing campaign Authorized Heart claimed Tuesday in a letter despatched to the Judicial Convention, which units insurance policies for federal courts.

The letter might immediate the DOJ to launch an investigation that’s certain to search out proof that Thomas violated a key monetary disclosure legislation.

On Thursday, ProPublica reported that Thomas additionally by no means reported that Crow purchased the Georgia residence the place the choose’s mom nonetheless lives to today for $133,000. Information present that Crow purchased the home from Thomas, Thomas’ mom and Thomas’ brother.

From ProPublica:

The acquisition put Crow in an uncommon place: He now owned the home the place the justice’s aged mom was residing. Quickly after the sale was accomplished, contractors started work on tens of 1000’s of {dollars} of enhancements on the two-bedroom, one-bathroom residence, which seems out onto a patch of orange bushes. The renovations included a carport, a repaired roof and a brand new fence and gates, in response to metropolis allow data and blueprints.

A federal disclosure legislation handed after Watergate requires justices and different officers to reveal the small print of most actual property gross sales over $1,000. Thomas by no means disclosed his sale of the Savannah properties. That seems to be a violation of the legislation, 4 ethics legislation specialists instructed ProPublica.

To make certain, the federal disclosure legislation Thomas seems to have violated with the house sale is totally different from the one he seems to have violated by accepting the luxurious presents and never reporting them.

Past that, there’s new proof that Thomas tried to do away with the disclosure legal guidelines whereas he was nonetheless accepting the personal presents from Crow, in response to investigating information outlet the Lever.

The Lever reported:

“This courtroom ought to invalidate necessary disclosure and reporting necessities,” Thomas wrote. He argued that donors might face retaliation and “ruined careers” after they disclose their political spending, citing an instance from California by which supporters of a poll measure ending same-sex marriage have been allegedly harassed for donating to the poll measure marketing campaign.

Thomas decried the prospect of transparency empowering members of the general public to provide you with methods to attempt to disgrace donors and the general public officers they bankroll.

“Disclaimer and disclosure necessities allow personal residents and elected officers to implement political methods particularly calculated to curtail campaign-related exercise and stop the lawful, peaceable train of First Modification rights,” he wrote.

Ginni Thomas

Thomas’ spouse is implicated right here, too. Not solely is Virginia “Ginni” Thomas beneath fireplace for her position surrounding the lethal Capitol riots on Jan. 6, 2021, however she was additionally the recipient of $500,000 from Crow to assist set up Liberty Central, a nonprofit political group, in 2009.

For readability’s sake, Ginni Thomas notably used her large platform to hawk completely debunked “cease the steal” propaganda; appeared to cheer on the Capitol rioters who sought to overturn a authorized election by drive; despatched practically two dozen messages to then-White Home Chief of Workers Mark Meadows urging him to do the whole lot in his energy to overturn the election that Joe Biden gained pretty.

Justice Thomas has refused to recuse himself from listening to any case associated to the Jan. 6 riots regardless of the clear battle of curiosity introduced by his spouse’s implicit involvement.

What’s subsequent?

The proverbial ball seems to be within the DOJ’s courtroom. However whether or not a Justice Division investigation might result in Thomas’ resignation, there’s nonetheless the possibility he might be impeached. It’s not very probably Thomas could be impeached anytime quickly, although, as Republicans have the bulk within the U.S. Home of Representatives, which is accountable for bringing articles of impeachment to the U.S. Senate.

Dan Urman, a professor instructing programs on the U.S. Supreme Court docket at Northeastern College in Boston, mentioned he thinks Thomas will emerge unscathed.

“My view is that just about nothing will get a justice eliminated,” Urman instructed Northeastern World Information final week. “If Democrats take over the Home in 2024, they may presumably maintain impeachment hearings; however there isn’t a method that 67 senators will vote to take away Thomas.”

Urman mentioned we solely must look to the previous for a glimpse at what the longer term probably holds.

“By then, it will really feel like previous information. Take into consideration how shortly the calls to question [Justice Brett] Kavanaugh died down in 2019,” Urman added. “The true downside is that the justices don’t abide by the code of ethics that discover different federal judges,” he says. “They’re actually above the legislation. They’ve the final phrase on these issues.”

With that mentioned, historical past additionally exhibits that Supreme Court docket Justice Abe Fortas was pressured to resign from his put up 54 years in the past for accepting a $20,000 charge to offer session providers to a person who was investigated by the DOJ and convicted of securities violations in 1969.

That occasion was comparatively tame in comparison with the firestorm surrounding Clarence Thomas.

That is America.