BY SVANTE MYRICK, OPINION CONTRIBUTOR - 04/24/23
THE HILL
Activists join outcry following recent reports revealing Supreme Court Justice Clarence Thomas’ ethics breaches during a press conference organized by the Center for Popular Democracy Action at the U.S. Capitol on Wednesday, April 19, 2023 in Washington.
Activists join outcry following recent reports revealing Supreme Court Justice Clarence Thomas’ ethics breaches during a press conference organized by the Center for Popular Democracy Action at the U.S. Capitol on Wednesday, April 19, 2023 in Washington.
(Eric Kayne/AP Images for Center for Popular Democracy Action)
Let’s get this straight: If a state legislator accepts so much as a sandwich, they must disclose it. I know; I served in local government for 14 years.
So it’s been very difficult to understand how Supreme Court Justice Clarence Thomas has gotten away with accepting free trips on superyachts and private jets belonging to a billionaire, Harlan Crow, not to mention a sweetheart real estate deal with that same billionaire, without disclosing them. For years.
Nevertheless, that is apparently what happened. And now that it’s all come to light, the party should be over for Thomas. I say should because while there is a lot of talk about accountability, it’s been less clear how that will come to pass. Thomas has resisted calls to resign. Impeachment seems highly unlikely given the Republican leadership of the House. Senate hearings may happen, and that’s a positive step.
Fortunately, there are also other options, including one very good one with solid legal underpinnings: a Department of Justice (DOJ) investigation under federal statutes that require disclosure of the kind of perks Thomas has enjoyed, and also authorize penalties for violators.
The DOJ should investigate Thomas’s unethical and possibly illegal violations without delay.
Many analysts have pointed out that federal ethics law, which applies to federal officials in all three branches, including Supreme Court justices, has long required disclosure of gifts on a form that must be submitted every year. Congress enacted the statute after Watergate to help safeguard against ethical violations by federal officials. The law defines “gift” as the receipt of money or “anything of value,” including “overnight lodging.”
So far, so good. But the real kicker, in this case, is a part of that federal statute, 5 U.S. Code 13101, 13104, and 13106(a), that authorizes the Justice Department to pursue both civil penalties and criminal fines from government officials who fail to report gifts as required.
The fines are not large. But even more important than the cash penalty would be the significance of a finding of guilt by the Department of Justice. There would be enormous pressure for a Supreme Court justice to step aside or be removed if that person were found guilty of a crime while in office. It took far less than that for Justice Abe Fortas to step down back in 1969 amid allegations of financial impropriety.
Thomas has claimed that luxury trips and stays he enjoyed for free were “personal hospitality” not subject to reporting requirements. This strains credulity. Even if some of the food and fun could be explained away as an exception to reporting rules, certain other perks cannot. Free use of Crow’s private jet for Thomas’s personal travel is one example; all you have to do is read the reporting requirements to see that they clearly do not include this kind of free transportation in the “personal hospitality” exception.
As for the real estate deal, Thomas has belatedly announced he will look at updating his disclosure forms. That’s … fine.
As unsavory as all this is, it’s also not out of character. Thomas and his wife have been at the center of all kinds of ethics scandals for years. It has gotten very disheartening, even disgusting, to watch the never-ending Thomas carnival of corruption bring shame on the Supreme Court. It’s time for it to stop.
There is a larger conversation to be had about how badly we need an enforceable code of ethics for the Supreme Court to prevent any number of possible transgressions by justices now and in the future. And there is a growing call to expand the court to recapture public trust and counteract what it has become: an institution with a reactionary majority created by unethical and even outright corrupt means. That too is a larger conversation. A word of caution before AI becomes standard in health careCan Trump hide from abortion?
But for now, there is a clear path to holding Clarence Thomas accountable. His actions are unquestionably inappropriate, and the Justice Department has the grounds and the legal authority to investigate and determine whether they are inarguably illegal. It should use that power as it was intended.
And if Thomas is guilty, DOJ should throw the book at him.
Svante Myrick is the president of People For the American Way. Previously, he served as the organization’s executive director and led campaigns focused on transforming public safety, racial equity, voting rights and empowering young elected officials. Myrick garnered national attention as the youngest-ever mayor in New York State history.
Let’s get this straight: If a state legislator accepts so much as a sandwich, they must disclose it. I know; I served in local government for 14 years.
So it’s been very difficult to understand how Supreme Court Justice Clarence Thomas has gotten away with accepting free trips on superyachts and private jets belonging to a billionaire, Harlan Crow, not to mention a sweetheart real estate deal with that same billionaire, without disclosing them. For years.
Nevertheless, that is apparently what happened. And now that it’s all come to light, the party should be over for Thomas. I say should because while there is a lot of talk about accountability, it’s been less clear how that will come to pass. Thomas has resisted calls to resign. Impeachment seems highly unlikely given the Republican leadership of the House. Senate hearings may happen, and that’s a positive step.
Fortunately, there are also other options, including one very good one with solid legal underpinnings: a Department of Justice (DOJ) investigation under federal statutes that require disclosure of the kind of perks Thomas has enjoyed, and also authorize penalties for violators.
The DOJ should investigate Thomas’s unethical and possibly illegal violations without delay.
Many analysts have pointed out that federal ethics law, which applies to federal officials in all three branches, including Supreme Court justices, has long required disclosure of gifts on a form that must be submitted every year. Congress enacted the statute after Watergate to help safeguard against ethical violations by federal officials. The law defines “gift” as the receipt of money or “anything of value,” including “overnight lodging.”
So far, so good. But the real kicker, in this case, is a part of that federal statute, 5 U.S. Code 13101, 13104, and 13106(a), that authorizes the Justice Department to pursue both civil penalties and criminal fines from government officials who fail to report gifts as required.
The fines are not large. But even more important than the cash penalty would be the significance of a finding of guilt by the Department of Justice. There would be enormous pressure for a Supreme Court justice to step aside or be removed if that person were found guilty of a crime while in office. It took far less than that for Justice Abe Fortas to step down back in 1969 amid allegations of financial impropriety.
Thomas has claimed that luxury trips and stays he enjoyed for free were “personal hospitality” not subject to reporting requirements. This strains credulity. Even if some of the food and fun could be explained away as an exception to reporting rules, certain other perks cannot. Free use of Crow’s private jet for Thomas’s personal travel is one example; all you have to do is read the reporting requirements to see that they clearly do not include this kind of free transportation in the “personal hospitality” exception.
As for the real estate deal, Thomas has belatedly announced he will look at updating his disclosure forms. That’s … fine.
As unsavory as all this is, it’s also not out of character. Thomas and his wife have been at the center of all kinds of ethics scandals for years. It has gotten very disheartening, even disgusting, to watch the never-ending Thomas carnival of corruption bring shame on the Supreme Court. It’s time for it to stop.
There is a larger conversation to be had about how badly we need an enforceable code of ethics for the Supreme Court to prevent any number of possible transgressions by justices now and in the future. And there is a growing call to expand the court to recapture public trust and counteract what it has become: an institution with a reactionary majority created by unethical and even outright corrupt means. That too is a larger conversation. A word of caution before AI becomes standard in health careCan Trump hide from abortion?
But for now, there is a clear path to holding Clarence Thomas accountable. His actions are unquestionably inappropriate, and the Justice Department has the grounds and the legal authority to investigate and determine whether they are inarguably illegal. It should use that power as it was intended.
And if Thomas is guilty, DOJ should throw the book at him.
Svante Myrick is the president of People For the American Way. Previously, he served as the organization’s executive director and led campaigns focused on transforming public safety, racial equity, voting rights and empowering young elected officials. Myrick garnered national attention as the youngest-ever mayor in New York State history.
Who Else Has Harlan Crow Given Money To?
Crow and his wife have poured millions into shaping state and federal politics over the past three decades.
BY SHIRIN ALI
Crow and his wife have poured millions into shaping state and federal politics over the past three decades.
BY SHIRIN ALI
APRIL 23, 2023
Photo illustration by Slate.
Photos by Anna Moneymaker/Getty Images, Alex Wong/Getty Images, and Tom Williams/Pool/Getty Images.
Real estate mogul Harlan Crow has been in the national spotlight lately over his penchant for giving extravagant (undisclosed!) gifts to Supreme Court Justice Clarence Thomas: private jet trips, mega yacht excursions and a $19,000 bible, to name just a few. He also spent $133,363 to buy several properties from Thomas—including the home the justice’s mother still lives in. Crow, and groups linked with him, often have cases before the court, and Thomas has ruled in their favor. As Slate’s Dahlia Lithwick and Mark Joseph Stern wrote, this sure seems like a case of “classic quid pro quo (or perhaps quid pro Crow) corruption.”
Though most of us probably didn’t even know Crow existed until recently, the 73-year-old Texan has been pouring his wealth into influencing American politics since the 1990s. Transparency group OpenSecrets identified $14.7 million that Crow and his wife Kathy have contributed to state and federal candidates, committees and parties over the past three decades.
In an interview with the Dallas Morning News, Crow said he considers himself a “center-right Republican” that believes in bipartisanship and a good debate—though Republicans have received the majority of his money. (On the other side of the aisle, he’s donated to conservative Democrats, like the group that ended up killing the Build Back Better Act).
The New Republic reported that, between 2019 to 2021, Crow donated over $130,000 to No Labels—a third party group that claims to promote a more moderate alternative to the two major political parties, but who critics say basically just exists to get Donald Trump elected in 2024 by taking votes away from President Joe Biden.
Crow appears not to be especially keen on Donald Trump, though—he donated $100,000 to the Our Principles PAC back in 2016, a group created specifically to prevent Trump from being elected.
The National Republican Congressional Committee also reported receiving over $1.4 million from the Crows since 1990, and Crow donated another $500,000 to Liberty Central, a conservative activist group founded by Ginni Thomas—yes, we’re talking about Justice Thomas’ wife. He’s also given generously to Senate Judiciary Republicans, including Sen. Chuck Grassley, John Cornyn and Marsha Blackburn. (That’s the same committee that would be responsible for holding hearings about Thomas and Crow’s dealings).
So, Is Clarence Thomas at Real Risk Here? Absolutely.
Crow has also dabbled in local politics, particularly in the state of Utah. He has donated over $35,000 to both Republican and Democratic candidates and committees there since 1994. Almost half of Crow’s Utah-specific donations went to Republican Sen. Mike Lee, who got around $8,000 from Crow in his first reelection campaign in 2016 and another $8,700 in his 2022 race against Evan McMullin. Crow also gave Sen. Mitt Romney’s campaign a boost in 2012, when he donated $2.3 million to super PACs that supported the senator’s presidential bid.
But politics isn’t the only area Crow is interested in, as the billionaire appears to have an…eclectic mix of hobbies. He recently spent $25 million on a pet project in his hometown of Dallas—a 228-foot bell tower called Campanile. Crow considers it a gift to the city and hopes it will bring an Old World-style ambiance to Dallas. Alongside architecture, Crow also invests in artwork and even has two paintings by Adolf Hilter…along with a signed copy of Mein Kampf and Nazi medallions. (Crow defended his controversial collection in 2014, saying it was not a celebration of repressive regimes but an effort “to preserve that as a part of our history.”)
He also created a “garden of evil” in his backyard, complete with statues of fallen communist leaders, including Vladimir Lenin, Josef Stalin, Fidel Castro and Karl Marx.
Many of the GOP lawmakers that have benefitted from Crow’s wealth have been quick to defend his, um, questionable taste. Texas Sen. Ted Cruz, whose 2018 re-election campaign got $75,000 in outside political spending from Crow, claimed he simply hadn’t seen the billionaire’s Hitler paintings himself and therefore couldn’t confirm if they did in fact exist. “I have no idea,” Cruz told Insider. “His library is an extensive museum.”
Real estate mogul Harlan Crow has been in the national spotlight lately over his penchant for giving extravagant (undisclosed!) gifts to Supreme Court Justice Clarence Thomas: private jet trips, mega yacht excursions and a $19,000 bible, to name just a few. He also spent $133,363 to buy several properties from Thomas—including the home the justice’s mother still lives in. Crow, and groups linked with him, often have cases before the court, and Thomas has ruled in their favor. As Slate’s Dahlia Lithwick and Mark Joseph Stern wrote, this sure seems like a case of “classic quid pro quo (or perhaps quid pro Crow) corruption.”
Though most of us probably didn’t even know Crow existed until recently, the 73-year-old Texan has been pouring his wealth into influencing American politics since the 1990s. Transparency group OpenSecrets identified $14.7 million that Crow and his wife Kathy have contributed to state and federal candidates, committees and parties over the past three decades.
In an interview with the Dallas Morning News, Crow said he considers himself a “center-right Republican” that believes in bipartisanship and a good debate—though Republicans have received the majority of his money. (On the other side of the aisle, he’s donated to conservative Democrats, like the group that ended up killing the Build Back Better Act).
The New Republic reported that, between 2019 to 2021, Crow donated over $130,000 to No Labels—a third party group that claims to promote a more moderate alternative to the two major political parties, but who critics say basically just exists to get Donald Trump elected in 2024 by taking votes away from President Joe Biden.
Crow appears not to be especially keen on Donald Trump, though—he donated $100,000 to the Our Principles PAC back in 2016, a group created specifically to prevent Trump from being elected.
The National Republican Congressional Committee also reported receiving over $1.4 million from the Crows since 1990, and Crow donated another $500,000 to Liberty Central, a conservative activist group founded by Ginni Thomas—yes, we’re talking about Justice Thomas’ wife. He’s also given generously to Senate Judiciary Republicans, including Sen. Chuck Grassley, John Cornyn and Marsha Blackburn. (That’s the same committee that would be responsible for holding hearings about Thomas and Crow’s dealings).
So, Is Clarence Thomas at Real Risk Here? Absolutely.
Crow has also dabbled in local politics, particularly in the state of Utah. He has donated over $35,000 to both Republican and Democratic candidates and committees there since 1994. Almost half of Crow’s Utah-specific donations went to Republican Sen. Mike Lee, who got around $8,000 from Crow in his first reelection campaign in 2016 and another $8,700 in his 2022 race against Evan McMullin. Crow also gave Sen. Mitt Romney’s campaign a boost in 2012, when he donated $2.3 million to super PACs that supported the senator’s presidential bid.
But politics isn’t the only area Crow is interested in, as the billionaire appears to have an…eclectic mix of hobbies. He recently spent $25 million on a pet project in his hometown of Dallas—a 228-foot bell tower called Campanile. Crow considers it a gift to the city and hopes it will bring an Old World-style ambiance to Dallas. Alongside architecture, Crow also invests in artwork and even has two paintings by Adolf Hilter…along with a signed copy of Mein Kampf and Nazi medallions. (Crow defended his controversial collection in 2014, saying it was not a celebration of repressive regimes but an effort “to preserve that as a part of our history.”)
He also created a “garden of evil” in his backyard, complete with statues of fallen communist leaders, including Vladimir Lenin, Josef Stalin, Fidel Castro and Karl Marx.
Many of the GOP lawmakers that have benefitted from Crow’s wealth have been quick to defend his, um, questionable taste. Texas Sen. Ted Cruz, whose 2018 re-election campaign got $75,000 in outside political spending from Crow, claimed he simply hadn’t seen the billionaire’s Hitler paintings himself and therefore couldn’t confirm if they did in fact exist. “I have no idea,” Cruz told Insider. “His library is an extensive museum.”
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