U.S. Supreme Court Justice Clarence Thomas is now the subject of both criticism and mockery after releasing a statement in an apparent attempt to tamp down allegations from legal experts he broke the law by not disclosing what are possibly hundreds of thousands of dollars, if not millions, in gifts he received over the course of decades. Those gifts came in the form of lavish luxury vacations aboard private planes and private yachts traveling to private resorts, from one influential GOP megadonor and right-wing activist who, according to one U.S. Senator, “has many interests before the Supreme Court.”
Justice Thomas on Friday said, “Early in my tenure at the Court, I 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. I have endeavored to follow that counsel throughout my tenure, and have always sought to comply with the disclosure guidelines.”
A bombshell ProPublica report published Thursday revealed that for over two decades, almost if not every year, Thomas and his wife – the far-right wing activist, lobbyist, and conspiracy theorist Ginni Thomas – were the guests of Harlan Crow, a Republican billionaire real estate magnate who invited them on trips with him and other conservatives, apparently at times the top legal activist at the Federalist Society who is responsible for most of not all of Donald Trump’s federal court picks, including his three Supreme Court nominees.
One trip ProPublica described allegedly would have cost the Thomas’ $500,000 had they paid for it themselves. But all these trips, all these luxury vacations, were all-expenses-paid. Over more than two dozen years, given the trips ProPublica described, it’s difficult to imagine the total cost isn’t well into the millions of dollars.
Justice Thomas insists he did nothing wrong, but promises to follow what are new guidelines in the future.
“Harlan and Kathy Crow are among our dearest friends, and we have been friends for over twenty-five years. As friends do, we have joined them on a number of family trips during the more than quarter century we have known them,” Justice Thomas said in a statement after massive reporting that caused the already embattled Supreme Court, which is suffering a self-inflicted approval rating that is the lowest in history, took another hit.
Thomas’ assertion that these were merely “family trips” taken with “our dearest friends” does not explain the all-expenses-paid part of the trips, which he suggests is a typical arrangement in America: “As friends do.”
Justice Thomas, who is already under heavy criticism from ordinary Americans and legal experts who believe his wife’s activism and actions, which include attempts to overturn the 2020 presidential election, required him to have recused from several Supreme Court cases. Many feel his choices have placed a stain on the Supreme Court, which is now taking yet another public opinion beating from those unimpressed with, if not offended by, his defense.
U.S. Senator Chris Murphy (D-CT) slammed Justice Thomas – and the news media – even before Thomas’s statement. On Thursday, he tweeted:
“It’s not like Harlan Crow is some apolitical pal of Thomas. He CONSTANTLY has cases before the court. He funds groups that argue for outcomes that benefit him. One group, CCI [Center for the Community Interest], filed 8 briefs before the Court. Thomas sided with Crow in all 8 cases.”
Sen. Murphy pointed to this ThinkProgress article from well over a decade ago, 2011, titled: “Second Harlan Crow Connected Group Has A Perfect Litigation Record Before Justice Thomas.”
Murphy and ThinkProgress effectively destroy Justice Thomas’ claim that these were merely “close personal friends, who did not have business before the Court.” And Sen. Murphy made his allegations one day before Justice Thomas’ statement.
Also Thursday Murphy wrote: “Important for news media to not simply label this guy as a ‘GOP mega donor’. It’s so much worse. Crow has many interests before the Supreme Court. His groups file petitions before the court. It’s the clearest, most brazen violation of judicial ethics you can imagine.”
At the core of Justice Thomas’ defense are two claims. First, that Harlan Crow is a mere close friend who has nothing to do with the Supreme Court. That at the very least is false. And second, when he first checked, he was told by people he does not name – and does not even suggest are experts in government ethics or any relevant field – who told him he did not need to disclose the trips. That’s fallacious.
It would be as if someone did their taxes every year for the past 25 years but relied on the tax laws from 1998, the first year they did their taxes.
ProPublica on Thursday also mentioned this quote from Justice Thomas: “I prefer the RV parks. I prefer the Walmart parking lots to the beaches and things like that. There’s something normal to me about it.”
So rather than look to legal experts, NCRM looked to “normal” people to gauge their response to his defense.
On social media, Justice Thomas is being heavily and accurately condemned. Perhaps most importantly, even those who are not legal or government ethics experts are making very accurate criticisms.
“Thomas says he didn’t think he had to reveal his ‘dear friend’ the billionaire’s largesse,” tweeted an account named Pitt Griffin.
“A: Ignorance of the law is no defense. He should speak to someone who knows the law. B: He claims the right to privacy – something he’d deny to ordinary Americans.”
A user by the name of Ty Johnson writes: “Justice Thomas advised by whom give a name of who told you this. Regardless this looks & smells bad for a SCOTUS Justice doing this without disclosing it. The rules you’re under imply a meal or a visit to their homes not an 1/2 million dollar vacation.”
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ArmyMPVet says, “Clarence Thomas says he was advised he didn’t have to report the gifts. But says, he will in the future….uh no…Thats not how it works. Ignorance of the law is no excuse….”
An account named Will I am (not the rapper) picked up on Thomas’ claim that he “sought guidance from my colleagues and others in the judiciary,” and responds, saying, “He’s pulling a Trump trying to throw previous justices under the bus.”
Free Agent Fly on Some Wall writes, “Man with literal *Supreme Court Justice level* legal knowledge tries ‘Was that wrong? Should I not have done that? I was told by people that it was not wrong’ defense.”
And an account named Ray Wilson tweets: “Weak sauce dude. The appearance of impropriety. I’m certain you’ve heard the phrase. You have a lifetime appointment to the highest court in our country. We expect better.”
Image: Photo by Preston Keres/USDA via Flickr