In an unprecedented attempt to uphold judicial integrity, Sens. Sheldon Whitehouse (D-R.I.) and Ron Wyden (D-Ore.) have urged Attorney General Merrick Garland to appoint a special counsel to investigate Supreme Court Justice Clarence Thomas for potential violations of ethics, false statements, and tax laws. The request follows recent new revelations by the Justice and his wealthy benefactors of undisclosed gifts and financial omissions.
In a letter sent last week and released on Tuesday, July 9, Whitehouse and Wyden, who chair the Judiciary Subcommittee on Federal Courts, and the Senate Finance Committee respectively, pointed to solid evidence of wrongdoing.
“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,” the senators wrote. They stressed the need for a thorough investigation into Thomas’s financial disclosures and his relationship with his benefactors, emphasizing that “no government official should be above the law.”
The senators’ letter specifically calls for an investigation into Thomas’s failure to disclose more than $267,000 in forgiven debt used to purchase a luxury motorcoach. Wyden’s Senate Finance Committee discovered the omission, which raises concerns about whether Thomas declared the forgiven debt as income on his tax returns. Despite repeated opportunities to clarify this, the senators asserted that Thomas’s counsel had not provided satisfactory explanations.
The letter also outlined numerous undisclosed gifts from billionaire benefactors, including private jet travel, yacht trips, country club memberships, sports tickets, and significant financial support for Thomas’s family. According to Whitehouse and Wyden, these gifts, which Thomas should have reported under the Ethics in Government Act, suggest a pattern of omission that warrants further investigation.
In addition to these worries, a January letter written by Rep. Hank Johnson (D-Ga.) and other lawmakers highlighted potential conflicts of interest involving Ginni Thomas, the wife of Justice Thomas. The letter urged Justice Thomas to recuse himself from cases involving the 2020 election due to Ginni Thomas’s public support for Trump’s attempts to overturn the election results and her participation in the “Stop the Steal” rally before the Capitol attack. The lawmakers argued that her actions and financial interests align with Trump’s, potentially compromising Justice Thomas’s impartiality.
The January letter also highlighted the fluctuating value of Ginni Thomas’s consulting firm, Liberty Consulting, which saw significant increases during Trump’s presidency.
“The value of Ms. Thomas’ consulting firm skyrocketed from only ‘up to $15,000’ before Mr. Trump was elected to ‘between $100,000 and $250,000’ during his presidency, and then fell again to ‘between $15,001 and $50,000’ the year Mr. Trump lost the White House,” the letter stated, suggesting a direct financial benefit tied to Trump’s political success.
Whitehouse and Wyden said their letter underscores the importance of transparency and accountability. They urge appointing a special counsel to investigate potential criminal violations by Justice Thomas and his benefactors. They cited previous Department of Justice prosecutions of other officials for less serious disclosure violations, emphasizing the need for consistent enforcement of ethics laws.
“We, therefore, request that you appoint a special counsel authorized to investigate potential criminal violations by Justice Thomas under 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,” the senators concluded.
“Presented with opportunities to resolve questions about his conduct, Justice Thomas has maintained a suspicious silence,” the senators added.