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Watch: Dem Senator’s Viral Video Reveals Scalia Accepted Over 70 Undisclosed Gifts of Vacations Like Clarence Thomas
U.S. Senator Sheldon Whitehouse (D-RI) has revealed the late U.S. Supreme Court Justice Antonin Scalia also accepted and did not disclose dozens of trips paid for by special interest advocates, in a similar fashion to the decades-worth of undisclosed luxury travel, vacations, and trips Supreme Court Justice Clarence Thomas took.
In video that has gone viral on social media – over 1.6 million views in less than 24 hours – Senator Whitehouse says Scalia took “more than seven dozen” of these undisclosed vacations.
“The personal hospitality problems I’ve been pursuing began with Justice Scalia, who took more than seven dozen undisclosed hunting vacations. Most people know of two, the one where he was on the Air Force Two manifest with Dick Cheney and the one where he died,” Sen. Whitehouse said in his remarks during Tuesday’s Judiciary Committee hearing on Supreme Court ethics.
Scalia, a hard-core conservative, died in February of 2016 during a quail hunting vacation, reportedly “at an $800-per-night Texas hunting lodge among still-unknown companions,” a lodge owned by the chairman and CEO of a multi-billion dollar manufacturing company.
Calling Scalia’s vacation gifts “systematized,” Whitehouse, who has been focused on judicial reform for years, revealed there had been “seventy-plus,” and explained the process the justice would use to get invited.
“Some intermediary would ask the owner of an expensive resort, often a commercial property, to extend to Scalia a personal invitation to the resort, even where the owner was someone he’d never met. Scalia treated it as ‘personal hospitality’ because of the ‘personal’ invitation, and failed to disclose the vacations,” Whitehouse said. “Gun industry advocates, fossil fuel folks, and Republican political figures often tagged along.”
“No reasonable reading of the term ‘personal hospitality’ (we’ve covered this,) but the Supreme Court let this go on for years,” said Whitehouse.
Legal experts have said that under the law, Supreme Court justices do not have to disclose gifts of vacations, like the ones Thomas and Scalia took, as long as they are gifts from personal friends at their personal homes. But they do have to disclose gifts of travel. Some believe any gift that might suggest the possibility of an appearance of impropriety should be disclosed.
“Private jet travel is not in the personal hospitality exemption,” Whitehouse said, “which is limited to food, lodging and entertainment.”
Whitehouse then revealed – with ten exhibits – how he has investigated these gifts; gifts, in Thomas’ case, which some are now referring to as “graft” and “corruption.”
“When I challenged the court about this practice, (exhibit one,) I got a blow-off letter, (exhibit two.) Basically, ‘nothing to see here.’ So then I asked the circuit courts what they thought about this conduct,” Whitehouse said, stating out of 13 inquiries he received zero responses.
“So I then sent another letter saying I hope their silence didn’t indicate some kind of coordinated obstruction (exhibit four.) I also scheduled a subcommittee hearing. Presto, I was told the Financial Disclosure Committee would examine how the exemption was interpreted,” Whitehouse said. “Almost a year later, two weeks before the recent news about Justice Thomas broke, the Judicial Conference updated its guidance to clarify that this sort of non-disclosure violates the law (exhibit six.)”
He says no judge outside of the Supreme Court has “ever used the personal invitation trick,” because a complaint would be investigated and would become “embarrassing.”
“Only Supreme Court justices refused to allow their conduct to be investigated or reviewed. My bill would fix that,” he says.
Last month a former chief counsel to Sen. Whitehouse, Alex Aronson, writing in Slate, further detailed how Scalia’s scheme worked:
“Retired federal Judge Charles Pickering, Scalia’s frequent hunting facilitator, explained: ‘After it got out that if you took him hunting or fishing that he would come speak, he started getting invitations all over the place.’ For example: hearing that Scalia would ‘do anything if you take him hunting,’ Texas lawyer and Republican mega-donor Mark Lanier chartered a plane to take Scalia boar hunting on a private ranch following a speech he gave at Lanier’s alma mater, Texas Tech. As was typical, Scalia’s financial disclosure revealed only that he had received ‘transportation, food, [and] lodging’ for ‘Lectures,’ with Texas Tech as the sole reimbursing party.”
Whitehouse also spends several minutes in the video discussing Justice Thomas’ scandal, and then, turning back to Scalia, asks: “So what became of the 2011 referral? Did anyone intervene? Is the committee still considering the 2011 referral more than a decade later?”
We apparently do not know.
Watch Sen. Whitehouse below or at this link.
Did you think I’d show up to the hearing on Supreme Court ethics without receipts? pic.twitter.com/QjdF7T0rIl
— Sheldon Whitehouse (@SenWhitehouse) May 2, 2023
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Donald Trump’s Friday morning claim Manhattan’s Criminal Courts Building is “heavily guarded” so his supporters cannot attend his trial was torched by a top CNN anchor. The ex-president, facing 34 felony charges in New York, had been urging his followers to show up and protest on the courthouse steps, but few have.
“I’m at the heavily guarded Courthouse. Security is that of Fort Knox, all so that MAGA will not be able to attend this trial, presided over by a highly conflicted pawn of the Democrat Party. It is a sight to behold! Getting ready to do my Courthouse presser. Two minutes!” Trump wrote Friday morning on his Truth Social account.
CNN’s Kaitlan Collins supplied a different view.
“Again, the courthouse is open the public. The park outside, where a handful of his supporters have gathered on trials days, is easily accessible,” she wrote minutes after his post.
READ MORE: ‘Assassination of Political Rivals as an Official Act’: AOC Warns Take Trump ‘Seriously’
Trump has tried to rile up his followers to come out and make a strong showing.
On Monday Trump urged his supporters to “rally behind MAGA” and “go out and peacefully protest” at courthouses across the country, while complaining that “people who truly LOVE our Country, and want to MAKE AMERICA GREAT AGAIN, are not allowed to ‘Peacefully Protest,’ and are rudely and systematically shut down and ushered off to far away ‘holding areas,’ essentially denying them their Constitutional Rights.”
On Wednesday Trump claimed, “The Courthouse area in Lower Manhattan is in a COMPLETE LOCKDOWN mode, not for reasons of safety, but because they don’t want any of the thousands of MAGA supporters to be present. If they did the same thing at Columbia, and other locations, there would be no problem with the protesters!”
After detailing several of his false claims about security measures prohibiting his followers from being able to show their support and protest, CNN published a fact-check on Wednesday:
“Trump’s claims are all false. The police have not turned away ‘thousands of people’ from the courthouse during his trial; only a handful of Trump supporters have shown up to demonstrate near the building,” CNN reported.
“And while there are various security measures in place in the area, including some street closures enforced by police officers and barricades, it’s not true that ‘for blocks you can’t get near this courthouse.’ In reality, the designated protest zone for the trial is at a park directly across the street from the courthouse – and, in addition, people are permitted to drive right up to the front of the courthouse and walk into the building, which remains open to the public. If people show up early enough in the morning, they can even get into the trial courtroom itself or the overflow room that shows near-live video of the proceedings.”
READ MORE: Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’
Democratic U.S. Rep. Alexandria Ocasio-Cortez is responding to Thursday’s U.S. Supreme Court hearing on Donald Trump’s claim he has “absolute immunity” from criminal prosecution because he was a U.S. president, and she delivered a strong warning in response.
Trump’s attorney argued before the nation’s highest court that the ex-president could have ordered the assassination of a political rival and not face criminal prosecution unless he was first impeached by the House of Representatives and then convicted by the Senate.
But even then, Trump attorney John Sauer argued, if assassinating his political rival were done as an “official act,” he would be automatically immune from all prosecution.
Justice Sonia Sotomayor, presenting the hypothetical, expressed, “there are some things that are so fundamentally evil that they have to be protected against.”
RELATED: Justices’ Views on Trump Immunity Stun Experts: ‘Watching the Constitution Be Rewritten’
“If the president decides that his rival is a corrupt person, and he orders the military, or orders someone to assassinate him, is that within his official acts for which he can get immunity?” she asked.
“It would depend on the hypothetical, but we can see that could well be an official act,” Trump attorney Sauer quickly replied.
SCOTUS Justice Sonia Sotomayor: “If the president … orders someone to assassinate [a rival], is that within his official acts for which he can get immunity?”
Trump attorney D. John Sauer: “It would depend on the hypothetical, but we can see that could well be an official act.” pic.twitter.com/RddEEYIUrR
— The Recount (@therecount) April 25, 2024
Sauer later claimed that if a president ordered the U.S. military to wage a coup, he could also be immune from prosecution, again, if it were an “official act.”
The Atlantic’s Tom Nichols, a retired U.S. Naval War College professor and an expert on Russia, nuclear weapons, and national security affairs, was quick to poke a large hole in that hypothetical.
“If the president suspends the Senate, you can’t prosecute him because it’s not an official act until the Senate impeaches …. Uh oh,” he declared.
RELATED: Justices Slam Trump Lawyer: ‘Why Is It the President Would Not Be Required to Follow the Law?’
U.S. Rep. Alexandria Ocasio-Cortez blasted the Trump team.
“The assassination of political rivals as an official act,” the New York Democrat wrote.
“Understand what the Trump team is arguing for here. Take it seriously and at face value,” she said, issuing a warning: “This is not a game.”
Marc Elias, who has been an attorney to top Democrats and the Democratic National Committee, remarked, “I am in shock that a lawyer stood in the U.S Supreme Court and said that a president could assassinate his political opponent and it would be immune as ‘an official act.’ I am in despair that several Justices seemed to think this answer made perfect sense.”
CNN legal analyst Norm Eisen, a former U.S. Ambassador and White House Special Counsel for Ethics and Government Reform under President Barack Obama, boiled it down: “Trump is seeking dictatorial powers.”
Watch the video above or at this link.
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Legal experts appeared somewhat pleased during the first half of the Supreme Court’s historic hearing on Donald Trump’s claim he has “absolute immunity” from criminal prosecution because he was the President of the United States, as the justice appeared unwilling to accept that claim, but were stunned later when the right-wing justices questioned the U.S. Dept. of Justice’s attorney. Many experts are suggesting the ex-president may have won at least a part of the day, and some are expressing concern about the future of American democracy.
“Former President Trump seems likely to win at least a partial victory from the Supreme Court in his effort to avoid prosecution for his role in Jan. 6,” Axios reports. “A definitive ruling against Trump — a clear rejection of his theory of immunity that would allow his Jan. 6 trial to promptly resume — seemed to be the least likely outcome.”
The most likely outcome “might be for the high court to punt, perhaps kicking the case back to lower courts for more nuanced hearings. That would still be a victory for Trump, who has sought first and foremost to delay a trial in the Jan. 6 case until after Inauguration Day in 2025.”
Slate’s Mark Joseph Stern, who covers the courts and the law, noted: “This did NOT go very well [for Special Counsel] Jack Smith’s team. Thomas, Alito, and Kavanaugh think Trump’s Jan. 6 prosecution is unconstitutional. Maybe Gorsuch too. Roberts is skeptical of the charges. Barrett is more amenable to Smith but still wants some immunity.”
READ MORE: ‘To Do God Knows What’: Local Elections Official Reads Lara Trump the Riot Act
Civil rights attorney and Tufts University professor Matthew Segal, responding to Stern’s remarks, commented: “If this is true, and if Trump becomes president again, there is likely no limit to the harm he’d be willing to cause — to the country, and to specific individuals — under the aegis of this immunity.”
Noted foreign policy, national security and political affairs analyst and commentator David Rothkopf observed: “Feels like the court is leaning toward creating new immunity protections for a president. It’s amazing. We’re watching the Constitution be rewritten in front of our eyes in real time.”
“Frog in boiling water alert,” warned Ian Bassin, a former Associate White House Counsel under President Barack Obama. “Who could have imagined 8 years ago that in the Trump era the Supreme Court would be considering whether a president should be above the law for assassinating opponents or ordering a military coup and that *at least* four justices might agree.”
NYU professor of law Melissa Murray responded to Bassin: “We are normalizing authoritarianism.”
Trump’s attorney, John Sauer, argued before the Supreme Court justices that if Trump had a political rival assassinated, he could only be prosecuted if he had first been impeach by the U.S. House of Representatives then convicted by the U.S. Senate.
During oral arguments Thursday, MSNBC host Chris Hayes commented on social media, “Something that drives me a little insane, I’ll admit, is that Trump’s OWN LAWYERS at his impeachment told the Senators to vote not to convict him BECAUSE he could be prosecuted if it came to that. Now they’re arguing that the only way he could be prosecuted is if they convicted.”
READ MORE: Biden Campaign Hammers Trump Over Infamous COVID Comment
Attorney and former FBI agent Asha Rangappa warned, “It’s worth highlighting that Trump’s lawyers are setting up another argument for a second Trump presidency: Criminal laws don’t apply to the President unless they specifically say so…this lays the groundwork for saying (in the future) he can’t be impeached for conduct he can’t be prosecuted for.”
But NYU and Harvard professor of law Ryan Goodman shared a different perspective.
“Due to Trump attorney’s concessions in Supreme Court oral argument, there’s now a very clear path for DOJ’s case to go forward. It’d be a travesty for Justices to delay matters further. Justice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.”
Due to Trump attorney’s concessions in Supreme Court oral argument, there’s now a very clear path for DOJ’s case to go forward.
It’d be a travesty for Justices to delay matters further.
Justice Amy Coney Barrett got Trump attorney to concede core allegations are private acts.⬇️ pic.twitter.com/F3qXi47ZT6
— Ryan Goodman (@rgoodlaw) April 25, 2024
NYU professor of history Ruth Ben-Ghiat, an expert scholar on authoritarians, fascism, and democracy concluded, “Folks, whatever the Court does, having this case heard and the idea of having immunity for a military coup taken seriously by being debated is a big victory in the information war that MAGA and allies wage alongside legal battles. Authoritarians specialize in normalizing extreme ideas and and involves giving them a respected platform.”
The Nation’s justice correspondent Elie Mystal offered up a prediction: “Court doesn’t come back till May 9th which will be a decision day. But I think they won’t decide *this* case until July 3rd for max delay. And that decision will be 5-4 to remand the case back to DC, for additional delay.”
Watch the video above or at this link.
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