Topline
Real estate magnate and GOP megadonor Harlan Crow did not provide a full accounting of gifts he’s given to Supreme Court Justice Clarence Thomas to the Senate Judiciary Committee as it asked him to provide, the committee confirmed Tuesday, potentially paving the way for lawmakers to subpoena him, as Crow and Thomas’ friendship continues to draw scrutiny.
U.S. Supreme Court Justice Clarence Thomas at the Supreme Court in Washington, D.C., on October 7, … [+] 2022.
Key Facts
Democrats on the Senate Judiciary Committee asked Crow to provide an itemized list of all gifts valued over $415 that he’s given Thomas or any other Supreme Court justice, after a series of ProPublica reports detailed how Crow had funded decades of luxury travel for Thomas, paid his grandnephew’s tuition and bought real estate from the justice.
Committee chair Sen. Dick Durbin (D-Ill.) confirmed in a statement Tuesday that Crow refused to respond to the committee’s request, and his attorneys sent a response that argued the committee did not have the authority to compel that information.
The letter argues the committee’s purpose in requesting the information was “part of a larger campaign to target and intimidate Justice Thomas and unearth what the Committee apparently believes will be embarrassing details of the Justice’s personal life,” according to a copy of the response published by Reuters.
Crow’s law firm argued Congress lacks the authority to enact legislation that creates a code of ethics for Supreme Court justices—which is why the committee said it needed information about Crow’s gifts—which Durbin said was untrue, noting that Chief Justice John Roberts has acknowledged other ethics laws imposed by Congress that apply to justices, like financial disclosure laws.
Crow’s attorneys also claimed he does not have to provide the information because of separation of powers between Congress and the judiciary branch—which Durbin noted cannot apply “when Mr. Crow does not work, and has never worked, for the Supreme Court.”
The Judiciary Committee also sent letters to three companies that helped to facilitate Thomas’ travel at Crow’s Adirondacks resort and on his superyacht and private jet, which asked for details about other guests that traveled at the same time as the justice, but Durbin noted none of those companies sent individual responses.
Crucial Quote
“Harlan Crow believes the secrecy of his lavish gifts to Justice Thomas is more important than the reputation of the highest court of law in this land,” Durbin said in a statement. “He is wrong.”
Tangent
Crow’s response to the committee came after his attorneys had already sent a similar letter to the Senate Finance Committee, which also requested information about Crow’s gifts to Thomas.
What To Watch For
Durbin said the committee would respond more fully to Crow “in short order” and “will continue to seek a substantive response to our information requests in order to craft and advance . . . targeted ethics legislation” for Supreme Court justices. The chairman hasn’t ruled out the possibility that the committee could subpoena Crow, saying on CNN that “everything is on the table” in terms of the committee’s next steps. The Senate Finance Committee has also reiterated its requests to Crow after his attorneys initially stonewalled lawmakers’ requests for information about his gifts to Thomas. Crow has been directed to respond to that letter by June 2.
Chief Critic
Crow defended his friendship with Thomas in an interview with the Atlantic published Monday, saying he’s never discussed Supreme Court cases with the justice and it would be “absurd” for him to do so because he’s not a “law guy.” He did acknowledge that “it’s not realistic [for] two people [to] be friends and not talk about their jobs from time to time,” but said their discussions are more about Thomas’ fondness for his clerks and running into former Justice Stephen Breyer at Target, and conversations about cases are “off limits.” It’s “kind of weird to think that if you’re a justice on the Supreme Court, you can’t have friends. That’s not healthy,” Crow said, saying he “believe[s] that I’m on the right side of right, morally and legally.”
Key Background
Crow and Thomas’ relationship has come under heavy scrutiny since ProPublica published its first report on their friendship in April, reporting that Thomas has accepted free luxury travel from Crow for decades without disclosing it, as ethics experts say federal law requires. Those tensions have escalated as ProPublica continued to report on the two men’s financial relationship, including Thomas’ relative’s tuition and Crow’s real estate purchase, which included the house in Savannah, Georgia, where Thomas’ mother still lives. The controversy comes as Thomas already faced ethics concerns over wife Ginni Thomas’ right-wing activism and has ramped up calls from Democrats for the Supreme Court to impose a binding code of ethics on justices, as lower federal judges have to follow. Roberts has so far refused to heed Democrats’ calls for the court to impose an ethics code on itself, and Republicans have heavily opposed Democrats’ efforts, painting their push for stricter ethics rules as a left-wing campaign against conservative justices.
Further Reading
GOP Megadonor Harlan Crow Denies Talking About Supreme Court With Clarence Thomas (Forbes)
Senate Committee Demands Full List Of Harlan Crow’s Gifts To Clarence Thomas (Forbes)
Read More
On Wednesday, January 15th, the U.S. House Oversight and Reform Committee strengthened its investigation into the finances of Supreme Court Justice Clarence Thomas after real estate billionaire Harlan Crow refused to testify before the committee about gifts to Justice Thomas and his wife Virginia.
According to reports, Crow provided over $1 million in gifts to Thomas and his wife, including gifts of art, books and a $500,000 personal residence in the Virgin Islands. Crow has refused to provide full disclosure of the value of these gifts. He also refused to testify before the committee on questions of impropriety or whether the gifts were intended to influence Thomas’ judicial opinions.
Chairman of the House Oversight and Reform Committee Elijah Cummings issued a statement saying that the committee still intends to explore whether these gifts were a part of any effort to influence the judgment of the Supreme Court or any other action as reported by Politico.
The matter first came to public attention when it was revealed that Thomas had failed to report the gifts of more than $1 million and various other sources of income on his annual financial disclosure forms.
Crow’s refusal to testify before the House Oversight and Reform Committee is a sign that he is not willing to provide evidence that could potentially impeach Thomas. The committee is now looking for other resolutions that may allow them to obtain information from Crow that could provide more insight into the intentions of the gifts and could possibly lead to a censure against Thomas.
Given the high office and influence of Supreme Court Justices, this investigation into the potential consequences of accepting gifts of such great value is an important step to protect the integrity of the judicial system. It is hoped that the committee will be able to uncover the truth and ensure that Justice Thomas and all Supreme Court Justices are held to the highest ethical standards.
