Topline
Two Democratic senators called last week for a criminal investigation into Supreme Court Justice Clarence Thomas, sending a letter to Attorney General Merrick Garland asking him to appoint a special counsel to probe the justice amid a series of ethics scandals.
Supreme Court Justice Clarence Thomas speaks at the Heritage Foundation on October 21, 2021 in ... [+]
Key Facts
Sens. Sheldon Whitehouse, D-R.I., and Ron Wyden, D-Ore., sent a letter to Garland on Wednesday asking him to appoint a special counsel “to investigate possible violations of federal ethics and tax laws” by Thomas.
The Supreme Court justice has come under fire amid a series of reports detailing how he’s accepted luxury vacations and other valuable gifts from wealthy friends, many of which were either never reported on financial disclosure forms or were only noted recently in light of the reports.
Whitehouse and Wyden argued accepting gifts without reporting them “warrants criminal investigation,” suggesting Thomas’ actions could have violated the Ethics in Government Act, which makes it a crime “to knowingly and willfully . . . fail to file or report” gifts and income from outside sources.
They also pointed to payments that right-wing judicial activist Leonard Leo made to a consulting firm run by Thomas’ wife Ginni Thomas, other omissions on Thomas’ financial disclosures and a loan the justice received from a wealthy friend for a recreational vehicle, after media reports suggested he did not repay much of the cost.
In addition to potential violations of the Ethics in Government Act, Thomas’ actions could have also violated federal tax laws and laws against making false statements, the senators suggested in their letter, which was made public Tuesday.
The Justice Department declined to comment on the letter, and the Supreme Court has not yet responded to a request for comment.
Get Forbes Breaking News Text Alerts: We’re launching text message alerts so you'll always know the biggest stories shaping the day’s headlines. Text “Alerts” to (201) 335-0739 or sign up here.
What To Watch For
It remains unclear whether Garland will agree with the senators’ request. If he does, he could appoint a special counsel to oversee an investigation, but he is not obligated to do so. If the AG doesn’t appoint a special counsel or otherwise launch an investigation, Democratic lawmakers’ hands are largely tied when it comes to addressing the ethics concerns over Thomas and other Supreme Court justices: Though the Senate Judiciary Committee has been conducting an investigation into the ethics scandals, efforts to pass legislation requiring justices to follow a code of ethics face long odds of succeeding, given Republicans have heavily opposed the bills. In addition to going to Garland, senators have also asked the Judicial Conference, which oversees the judiciary, to investigate Thomas’ behavior, and Whitehouse and Wyden noted in their letter to Garland he may also receive a request for an investigation from the conference as well.
Chief Critic
Thomas has denied any wrongdoing in response to the reports on his gifts, arguing he was simply accepting hospitality from close friends and was told he did not have to report the gifts on his financial disclosures. In his 2022 financial disclosure, the justice disclosed multiple trips with real estate magnate Harlan Crow and said he was now only mentioning them in light of new rules around reporting gifts, claiming previous rules said to “exclude gifts received as the personal hospitality of any individual.” (Senators have subsequently found trips that Thomas didn’t disclose even after the rule change.) Crow, who has reportedly funded the bulk of Thomas’ gifts—including decades worth of luxury vacations—has similarly denied any impropriety, telling The Atlantic in 2023 that he isn’t a “law guy” and he has “never, nor would I ever, think about talking about matters that relate to the judiciary with Justice Clarence Thomas.”
Forbes Valuation
Forbes values Thomas’ net worth at approximately $4 million, much of which is tied up in pension funds.
Key Background
Thomas’ slew of ethics issues is part of a broader ethics controversy at the Supreme Court, as multiple justices have come under fire for potential conflicts of interest. Justice Samuel Alito has also faced widespread criticism for traveling with hedge fund manager Paul Singer, who has had business before the court, as well as participating in cases involving Jan. 6 in light of reports that he and his wife flew flags outside their home that are associated with the “Stop the Steal” movement. (Alito has denied any wrongdoing.) The scandals have helped contribute to declining trust in the Supreme Court, as polling has shown public opinion in the high court has plummeted to record lows amid the ethics controversies and a series of controversial rulings on abortion and other hot-button issues. The outcry has prompted a renewed push from Democratic lawmakers for the court to impose a binding code of ethics like lower federal judges have to follow, and the Supreme Court announced a new code of ethics in November in response to the concerns. Legal experts have criticized that code for not going far enough, however, as it does not impose any consequences if justices violate it.
