Two Democratic senators have requested a criminal investigation into Supreme Court Justice Clarence Thomas.
The senators are concerned about potential ethics and tax law violations related to Thomas' receipt of luxury gifts, as Forbes reports.
Sens. Sheldon Whitehouse (D-RI) and Ron Wyden (D-OR) sent a request to Attorney General Merrick Garland for the appointment of a special counsel. This request, submitted on Wednesday, seeks to explore possible breaches of federal ethics and tax regulations by Justice Clarence Thomas.
Justice Thomas has faced scrutiny for accepting luxury vacations and other significant gifts from affluent friends, many of which were reportedly undisclosed. Whitehouse and Wyden argue that Thomas's actions may violate the Ethics in Government Act, which mandates the reporting of gifts and external income sources.
The controversy includes payments made by judicial activist Leonard Leo to a consulting firm managed by Thomas' wife, Ginni Thomas. Additionally, there is a question regarding a recreational vehicle loan from one of Thomas’ wealthy friends, which may not have been fully repaid. The senators have also pointed to potential breaches of federal tax laws and statutes against making false declarations. The publicized letter addressed to Garland came out on Tuesday.
It remains uncertain whether Garland will appoint a special counsel or initiate the investigation himself. He is not legally obligated to pursue the matter. Should Garland choose not to act, Democratic lawmakers have limited avenues for recourse, given Republican resistance to implementing a judicial ethics code. The Judicial Conference has also been called upon to investigate Thomas, possibly engaging Garland in the process.
Justice Thomas has refuted any allegations of misconduct, asserting that he accepted hospitality from long-time friends. He has claimed that the previous guidelines did not require him to disclose such gifts.
Thomas has reported several trips with Harlan Crow in his 2022 financial disclosure, adhering to new reporting criteria. Crow has also denied any improper conduct, stating he would never discuss judicial matters with Thomas.
Forbes estimates Justice Thomas's net worth at approximately $4 million. The broader ethical debate encompasses other justices, such as Samuel Alito, who faced criticism for his alleged connections with hedge fund manager Paul Singer and the "Stop the Steal" movement.
Public trust in the Supreme Court has been faltering in recent years. This has prompted Democratic lawmakers to advocate for a binding code of ethics for the justices, although the recently announced Supreme Court code has been criticized for lacking enforcement mechanisms.
In summary, Sens. Whitehouse and Wyden have formally requested that Attorney General Garland appoint a special counsel to investigate potential ethics and tax law violations by Justice Thomas over the acceptance of luxury gifts.
The request follows a series of reports about unreported luxury vacations and other gifts received by Thomas from wealthy acquaintances. Despite the allegations, Justice Thomas denies any wrongdoing, claiming he believed he was not required to report the gifts under the previous rules.
Garland's decision on whether to appoint a special counsel remains uncertain. The complexities of the situation highlight the remarkable tensions regarding judicial ethics and public trust in the nation's highest court.
