A look at the Clarence Thomas situation
Supreme Court Justice Clarence Thomas misreported hundreds of thousands of dollars in rental income from a company that went defunct over 15 years ago, the Washington Post reported yesterday.
While the alleged mistake is small – Thomas reported the income coming from “Ginger, Ltd., Partnership” instead of “Ginger Holdings, LLC” (which acquired the former in 2006) – it represents the latest in a series of errors and omissions that Justice Thomas has reportedly made regarding his financial status.
- Earlier this month, ProPublica reported Texas billionaire Harlan Crow took Justice Thomas on free luxury vacations for over 20 years, and also bought a Georgia home from his family in 2014 that Thomas’ mother still lives in today.
- None of the transactions were previously known to the public, nor mentioned on Justice Thomas’ financial disclosure forms over the years.
In a statement released after the first ProPublica report (about the vacations), Justice Thomas said he previously “sought guidance from my colleagues and others in the judiciary, and was advised that this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable.” Justice Thomas has yet to publicly comment on the second ProPublica report regarding Crow’s property purchase.
📜 What does the law say?... Under the Ethics in Government Act of 1978, SCOTUS justices are required to file forms each year disclosing their financial ties. Failure to do so properly can result in up to 60 days in jail and up to $5,000 in fines (though it’s rarely prosecuted). However, justices don’t have to report food, lodging, or entertainment received as “personal hospitality.”
- Legal experts say it’s unclear whether Justice Thomas was required to disclose any free travel he received from Crow. Per ProPublica, one of the trips they went on would have cost Thomas upwards of $500,000 in personal travel expenses.
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Sprinkles from the Left
- Some commentators argue that the Justice Thomas situation is another example of a weakness demonstrated by virtually every member of the court for decades: a willingness to accept freebies, gifts, and trips from people who find it useful to be close to some of the most powerful people in America.
- Others contend that Justice Thomas should be required to review all of his past financial disclosures and add any missing information, after which the conference overseeing the Supreme Court should examine his conduct and see if a DOJ referral is necessary.
- “The Ethics of Nine of the Most Powerful People in America” –NY Times Editorial Board
- “Justice Thomas should make full disclosure, as the law requires” –WaPo Editorial Board
- “The glaring flaw in the Republicans’ defense of Clarence Thomas” –Steve Benen, MSNBC
Sprinkles from the Right
- Some commentators argue that Justice Thomas actually reported carefully on his inherited real estate and never did anything wrong or illegal, as ProPublica incorrectly alleges.
- Others contend that the ProPublica report raises fair questions about influence over the Supreme Court, but it’s highly biased against Justice Thomas and his relationship with Harlan Crow.
- “The Truth About Clarence Thomas’s Disclosures” –James Taranto, WSJ
- “ProPublica Cherry-Picks ‘Ethics Experts’ on Justice Thomas’s Alleged Disclosure Obligation” –Ed Whelan, National Review
- “The smearing of Justice Clarence Thomas — part X” –Washington Examiner Editorial Board
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