As a matter of jurisprudence, Supreme Court Justice Clarence Thomas has reason to be delighted by the high court’s shift to the far right. Indeed, the controversial jurist has consistently found himself in the majority as he and other Republican-appointed justices have issued a series of reactionary rulings.
But while Thomas is likely pleased with the Supreme Court’s ideological direction, he’s probably less satisfied with the difficult ethics questions he’s faced over the last year or so. The Hill just reported, for example, on the latest congressional escalation in the larger discussion.
Two Democratic senators are asking Attorney General Merrick Garland to appoint a special counsel to investigate Supreme Court Justice Clarence Thomas for possible tax law violations. Sens. Sheldon Whitehouse (D-R.I.) and Ron Wyden (D-Ore.) sent the letter to Garland last week asking him to appoint a special counsel “to investigate possible violations of federal ethics and tax laws.”
While the letter was dated July 3, the Democratic senators released the correspondence to the public Tuesday.
“We do not make this request lightly,” Whitehouse and Wyden wrote. “The evidence assembled thus far plainly suggests that Justice Thomas has committed numerous willful violations of federal ethics and false-statement laws and raises significant questions about whether he and his wealthy benefactors have complied with their federal tax obligations. Presented with opportunities to resolve questions about his conduct, Justice Thomas has maintained a suspicious silence.”
The senators concluded, “No government official should be above the law. Supreme Court justices are properly expected to obey laws designed to prevent conflicts of interest and the appearance of impropriety and to comply with the federal tax code. We therefore request that you appoint a Special Counsel authorized to investigate potential criminal violations by Justice Thomas under the disclosure, false statement, and tax laws; pursue leads of related criminal violations by donors, lenders, and intermediate corporate entities; and determine whether any such loans and gifts were provided pursuant to a coordinated enterprise or plan.”
Circling back to our earlier coverage, Thomas has faced difficult ethics questions for many years, but his difficulties took a more serious turn last spring. ProPublica published a rather devastating report in early April of last year, shining a light on the generous and undisclosed benefits Thomas has received from a Republican megadonor.
In the weeks and months that followed, ProPublica took the lead on exposing Thomas’ other unusual ties to his wealthy friend, but the outlet wasn’t alone. The New York Times also took the story further, shining a light on previously unreported benefits the justice has received from a “cohort of wealthy and powerful friends,” thanks to his connections established through the Horatio Alger Association of Distinguished Americans.
The Times added fresh reporting last summer on one of Thomas’ other wealthy pals providing the sitting justice with undisclosed financing that made it possible for Thomas to buy an expensive recreational vehicle. How big was the loan? Neither the justice nor his friend say. How much did Thomas repay? They wouldn’t say. What were the terms of the loan? They wouldn’t say. Was there a formal loan agreement? They wouldn’t say.
Soon ProPublica published another report that made the entire controversy look considerably worse, noting that Thomas had received “at least 38 destination vacations, including a previously unreported voyage on a yacht around the Bahamas; 26 private jet flights, plus an additional eight by helicopter; a dozen VIP passes to professional and college sporting events, typically perched in the skybox; two stays at luxury resorts in Florida and Jamaica; and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast.”
In each instance, the far-right jurist’s luxurious benefits “have been underwritten by benefactors who share the ideology that drives his jurisprudence.” Though the precise value of the trips is difficult to measure, ProPublica described it as “likely in the millions” of dollars.
It’s an impossible dynamic to defend: Thomas has lived the life of a wealthy man, thanks to the generosity of his rich, likeminded friends. As my MSNBC colleague Zeeshan Aleem explained, “There is nothing partisan about calling this what it is: a brazen, shameful abuse of power that undermines the legitimacy of the Supreme Court. That Thomas reportedly took these gifts is alarming enough. That he reportedly took them without disclosing that he had taken them (with rare exceptions) makes it hard to believe that Thomas doesn’t realize how bad this all looks.” Earlier this year it reached the point at which Thomas became a punch-line to jokes about Supreme Court corruption. (In February, The Onion, a satirical outlet, published a memorable item with a headline that read, “Clarence Thomas Announces 50% Discount On All Favorable Rulings.”) Now, at least two senators want the Justice Department to take matters to the next level with the appointment of a special counsel. The attorney general is unlikely to agree, but it’ll be interesting to see how (and whether) Garland responds. Watch this space. This post updates our related earlier coverage.
Steve Benen is a producer for "The Rachel Maddow Show," the editor of MaddowBlog and an MS NOW political contributor. He's also the bestselling author of "Ministry of Truth: Democracy, Reality, and the Republicans' War on the Recent Past."
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