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Dems Press Roberts to Probe Trips Taken by Clarence Thomas As A Matter of ‘Duty’

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OPINION: This article may contain commentary which reflects the author's opinion.


Democrats have taken their war against Supreme Court Justice Clarence Thomas to another level, imploring Chief Justice John Roberts to now step in as some discuss impeachment while others in the party press for Thomas to resign.

A group of 16 congressional Democrats has called on Roberts to investigate Thomas for accepting luxury trips from a prominent Republican donor for over two decades, trips that, by current rules and standards, he was not required to report.

“Eight senators and eight representatives sent Roberts a letter on Friday to urge him to initiate an investigation into any unethical and ‘potentially unlawful’ conduct that Thomas might have committed. The letter states that the court has ‘barely acknowledged’ the allegations so far,” The Hill reported.

“We believe that it is your duty as Chief Justice ‘to safeguard public faith in the judiciary,’ and that fulfilling that duty requires swift, thorough, independent and transparent investigation into these allegations,” the letter said.

On Thursday, ProPublica reported that billionaire Republican donor Harlan Crow had provided Justice Clarence Thomas with luxury trips for years. These included cruises on Crow’s yacht, flying on his private jet, and socializing with Crow’s influential associates at his private resort. Crow is a real estate developer based in Dallas.

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The outlet reported that Thomas received some gifts worth more than $500,000, but the justice did not disclose them over the years. In response to the report, Thomas claimed that he was “advised” that he did not need to disclose any of the trips.

“Early in my tenure at the Court, I sought guidance from my colleagues and others in the judiciary, and was advised that this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable,” Thomas said in a rare response to criticism.

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According to the letter, the Democrats claimed that federal law mandates top officials, including Supreme Court justices, to report gifts of this nature annually. The letter further stated that there are only “limited” exceptions to the law, which allow officials to “enjoy hospitality in the course of ordinary, personal friendships,” but not for them to “hide from the public extravagant gifts by wealthy political interests,” according to The Hill.

The group of Democrats who signed the letter also called for an investigation into who else accompanied Thomas on these trips. They noted that they “have reason to believe” that Crow is connected to multiple groups that have filed amicus briefs to the court, but it is unclear if anyone else on these trips had interests connected to Thomas’ “official duties.”

The Democratic lawmakers said they will push Congress to act to “restore ethics and accountability” on the high court if Roberts doesn’t act.

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“It is well past time for the Supreme Court to align with the rest of government in a proper code of ethics enforced by independent investigation and reporting,” the letter states.

The Associated Press added:

Describing Crow and his wife, Kathy, as “among our dearest friends,” Thomas said in a statement that he was advised by colleagues on the nation’s highest court and others in the federal judiciary that “this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable.” Thomas did not name the other justices or those in the judiciary with whom he had consulted.

Some experts have come to Thomas’ defense, calling Democratic efforts to get him nothing but “politics.”

Roger Severino, vice president of domestic policy and The Joseph C. and Elizabeth A. Anderlik Fellow at The Heritage Foundation, told Fox News late last week: This is just grasping at straws by the left that is desperate to tear down Justice Thomas because he now has a working originalist majority on the court. This is politics. Plain and simple.”

The ProPublica report also claimed that trips taken by Thomas “have no known precedent in the modern history of the U.S. Supreme Court,” but Severino, a Harvard Law graduate, flatly rejected that, Fox News noted.

There is no ‘there’ there because the justices have received gifts of hospitality from friends forever,” Severino said. “And many of the justices have taken far more trips than Justice Thomas on somebody else’s dime, including Justice Breyer, who we know has taken at least 233 trips when he was on the bench.”

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