Calmes: Action we can take on Clarence Thomas ethics scandal


Supreme Courtroom Justice Clarence Thomas ought to resign. However he received’t.

Nor, insiders imagine, will the supine Chief Justice John G. Roberts Jr. nudge Thomas to go, as one other chief pushed a scandal-scarred colleague to exit 54 years in the past.

And neither will our tribally divided, calcified Congress take away Thomas from workplace. Republicans who run the Home Judiciary Committee reacted to this week’s revelations involving Thomas’ ethics issues by tweeting a goat emoji suggesting that Thomas is “the best of all time.”

Stipple-style portrait illustration of Jackie Calmes

Opinion Columnist

Jackie Calmes

Jackie Calmes brings a essential eye to the nationwide political scene. She has many years of expertise masking the White Home and Congress.

But this, too, is definite: Inaction shouldn’t be an possibility at this level.

No, not after the spate of reported outrages and allegations involving Thomas in addition to his spouse, longtime right-wing activist Virginia “Ginni” Thomas. Not if the nation is to stanch the bleeding of the general public’s belief in its highest court docket, a belief already at historic lows in nationwide polls and but important to the citizenry’s acceptance of the court docket’s rulings.

We’re approach past a essential mass of causes for motion towards Thomas, the court docket’s longest-serving justice.

The general public continues to be digesting ProPublica’s persevering with investigations of Thomas’ relationship with conservative Texas billionaire Harlan Crow. In April, the nonprofit information website revealed that Thomas had taken luxurious holidays over greater than 20 years, paid for by Crow, in addition to Crow’s buy and renovation of Thomas household properties in Georgia, nearly none of which Thomas disclosed on federal monetary reviews, as required by post-Watergate regulation.

On Wednesday, ProPublica reported that in 2008 and 2009, Crow had paid the tutoring for Thomas’ grandnephew at two boarding faculties, one in every of which charged $6,200 a month; the Thomases have been the boy’s authorized guardians. That present additionally went unreported on Thomas’ annual monetary disclosure varieties.

Then on Thursday, the Washington Submit dropped its bomb: Conservative activist Leonard Leo, the longtime Federalist Society chief who has steered right-wing judges to the Supreme Courtroom to kind the court docket’s conservative supermajority, funneled probably as much as $100,000 to Ginni Thomas for unspecified consulting work simply over a decade in the past. (This was not lengthy after she had shaped an advocacy group known as Liberty Central with an unreported half-million {dollars} from Crow.)

The conduit for her money from Leo, based on paperwork the Submit reviewed, was Kellyanne Conway, a pollster who would later grow to be Donald Trump’s advisor within the White Home. The associated fee was billed to a conservative nonprofit group that Leo and Conway suggested, and that was concerned in a voting rights case then earlier than the Supreme Courtroom.

Leo directed Conway at one level to “give” Ginni Thomas “one other $25K,” including that the paperwork ought to have “no point out of Ginni, in fact.”

In fact.

What are they attempting to cover? Properly, Leo informed the Submit, “Realizing how disrespectful, malicious and gossipy individuals might be, I’ve all the time tried to guard the privateness of Justice Thomas and Ginni.”

If Thomas desires whole privateness, he ought to get off the court docket. However as long as he’s bought the lifetime job, he’s topic to a federal regulation requiring that officers like himself yearly report their sources of revenue and that of their spouses. He’s violated the spirit if not the letter of the regulation earlier than, repeatedly, together with by omitting revenue streams totaling $700,000 and $200,000 that his spouse bought from conservative teams in previous years.

All of this willful disregard for the appearances of conflicts of curiosity comes on prime of one other outrage unrelated to funds: Thomas’ refusal to recuse himself from instances involving the Jan. 6, 2021, riot regardless of his spouse’s documented involvement within the efforts to overturn President Biden’s election.

The justice, consistent with his very obvious sense of impunity, refused to speak to the investigative reporters who wrote the most recent items. Of his extravagant holidays at Crow’s expense, Thomas dismissed any suggestion that he ought to report the items, saying they have been merely “hospitality” by Crow and his spouse, who have been “amongst our dearest mates.”

They might be pricey mates, however Crow and Thomas met when Thomas was a justice, already passing last judgment on instances together with these during which conservative teams that Crow bankrolls had a stake.

So many unanswered questions, so little accountability. What we have now here’s a scandal. If neither the court docket nor Congress will deal with Thomas’ transgressions with the seriousness they deserve, we should fall again on the one different establishment with any sway over justices.

The Judicial Convention of america, a committee of federal judges whose duties embrace policing federal monetary disclosure reviews, should rouse itself to totally overview Thomas’ reviews by the years and see that he corrects all omissions. After which it ought to refer its findings on his unreported revenue, items and actual property offers to prosecutors on the Justice Division.

We are able to’t have one of many 9 Individuals who’re the final phrase on the regulation be resistant to the regulation.

@jackiekcalmes