Clarence Thomas is finally on the hot seat

| 3:00 pm EDT July 12, 2024
Dear Palmer Report readers: we have a four-figure monthly web hosting bill. We pay our researchers and writers, among other operating expenses. With the collapse of the online advertising industry, we're now a reader supported site. Help Palmer Report succeed: donate now.

Things are about to get very interesting in Washington. Democratic Senators Sheldon Whitehouse (RI) and Ron Wyden (OR) have asked Attorney General Merrick Garland for an investigation into Clarence Thomas. It’s about time. This man has been benefitting from his position for years. According to Salon, the Senators believe that Thomas has been violating federal ethics and tax laws. They have asked for the appointment of a special counsel to investigate Thomas’ failure to disclose a forgiven loan and gifts he has received.

The loan was forgiven after Thomas failed to pay it, and he used that money to purchase a luxury motorcoach. That is something else. He couldn’t pay the loan, but he could find the same amount to purchase a motorcoach, and he didn’t count it as income. The Senators made their request in writing, which included: “We do not make this request lightly. 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.” They are not only looking at the 200,000+ forgiven loan, but they are also questioning private jet travel, a country club membership, home renovations, and tuition for his son to private school. ProPublica exposed this information and included that Thomas has been treated to vacations by Harlan Crow for over 20 years.

This appears to be a blatant violation of the conflict-of-interest laws and the appearance of impropriety. Accepting gifts from a Republican donor like Crow carries certain implications, whether Thomas did anything wrong or not. The mere appearance of accepting gifts from one whom you can benefit is something that just should not be done. According to Salon, the senators are asking for very specific investigations, including: “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.” Obviously, they are looking at more than just Thomas, but the Senators can do nothing without Merrick Garland.

As Forbes pointed out, Garland is not obligated to appoint a special counsel for this investigation, but they have requested that he do so because their ability to investigate these matters is very limited. As members of Congress, however, there are some things they can do, though Republicans will likely block any bills having to do with SCOTUS. To ensure that things do happen, Forbes reported that the Senators have also asked the Judicial Conference to investigate, and they are hopeful that the Conference might issue its own letter, making it difficult for Garland to refuse. Ultimately, however, it’s up to Garland.

Thomas has, of course, always denied that he has done anything wrong, but he should know that he can’t accept these types of gifts and fail to report them. It goes back, again, to the appearance of impropriety, and if he has nothing to hide, why is he not reporting the gifts?

Dear Palmer Report readers: we have a four-figure monthly web hosting bill. We pay our researchers and writers, among other operating expenses. With the collapse of the online advertising industry, we're now a reader supported site. Help Palmer Report succeed: donate now.