Adam Liptak, The New York Times ; Thomas and Alito took part in the case, despite calls for their recusal.
"Justices Clarence Thomas and Samuel A. Alito Jr., rejecting calls for their disqualification, participated in the decision on the scope of former President Donald J. Trump’s immunity from prosecution.
Experts in legal ethics have said that the activities of the justices’ wives raised serious questions about their impartiality."
Joshua Kaplan, Justin Elliott and Alex Mierjeski, Pro Publica; Justice Clarence Thomas Acknowledges He Should Have Disclosed Free Trips From Billionaire Donor
"Supreme Court Justice Clarence Thomas acknowledged for the first time in a new financial disclosure filing that he should have publicly reported two free vacations he received from billionaire Harlan Crow...
Legal ethics experts said that Thomas appeared to have violated the law by failing to disclose the trips and gifts."
Jamie Raskin , The New York Times; Jamie Raskin: How to Force Justices Alito and Thomas to Recuse Themselves in the Jan. 6 Cases
"At his Senate confirmation hearing, Chief Justice Roberts assured America that “Judges are like umpires.”
But professional baseball would never allow an umpire to continue to officiate the World Series after learning that the pennant of one of the two teams competing was flying in the front yard of the umpire’s home. Nor would an umpire be allowed to call balls and strikes in a World Series game after the umpire’s wife tried to get the official score of a prior game in the series overthrown and canceled out to benefit the losing team. If judges are like umpires, then they should be treated like umpires, not team owners, team fans or players."
Nina Totenberg, NPR; New Clarence Thomas ethics questions about forgiveness on luxury RV loan
"The drip, drip, drip of new ethics questions about Supreme Court Justice Clarence Thomas's ethics continued Wednesday. Senate Finance Committee Chairman Ron Wyden, D-Ore., disclosed that documents turned over to the committee indicate that Thomas benefitted by having some or all of a $267,000 loan forgiven in order to purchase a luxury RV."
Erin Snodgrass , Insider ; Clarence Thomas' recusal on 'frivolous' January 6 appeal is a 'low-stakes' opportunity for him to fight ethics allegations, Supreme Court expert says
"His apparent about-face on Monday suggests the increased scrutiny over his ethical conduct may be having a tangible effect on his judicial career, Scott Lemieux, a professor of political science at the University of Washington and an expert in constitutional law, told Insider.
"The fact that he didn't recuse himself in previous cases involving the 2020 election makes it hard to imagine these recent stories aren't playing a role here," he told Insider...
Regardless of his reasons, Thomas ultimately did the right thing in recusing himself from the Eastman appeal, Lemieux said.
"The justices have to be convinced if they do unethical things, it will hurt the legitimacy of the Supreme Court," he said."
Joshua Kaplan, Justin Elliott Alex Mierjeski, ProPublica ; Clarence Thomas Secretly Participated in Koch Network Donor Events
"The code of conduct for the federal judiciary lays out rules designed to preserve judges’ impartiality and independence, which it calls “indispensable to justice in our society.” The code specifically prohibits both political activity and participation in fundraising. Judges are advised, for instance, not to “associate themselves” with any group “publicly identified with controversial legal, social, or political positions.”
But the code of conduct only applies to the lower courts. At the Supreme Court, justices decide what’s appropriate for themselves.
“I can’t imagine — it takes my breath away, frankly — that he would go to a Koch network event for donors,” said John E. Jones III, a retired federal judge appointed by President George W. Bush. Jones said that if he had gone to a Koch summit as a district court judge, “I’d have gotten a letter that would’ve commenced a disciplinary proceeding.”
“What you’re seeing is a slow creep toward unethical behavior. Do it if you can get away with it,” Jones said."
Joshua Kaplan, Justin Elliott and Alex Mierjeski, ProPublica; Clarence Thomas Acknowledges Undisclosed Real Estate Deal With Harlan Crow and Discloses Private Jet Flights
"Supreme Court Justice Clarence Thomas for the first time acknowledged that he should have reported selling real estate to billionaire political donor Harlan Crow in 2014, a transaction revealed by ProPublica earlier this year. Writing in his annual financial disclosure form, Thomas said that he “inadvertently failed to realize” that the deal needed to be publicly disclosed...
In a statement Thursday, an attorney for Thomas, Elliot Berke, said that “after reviewing Justice Thomas’s records, I am confident there has been no willful ethics transgression, and any prior reporting errors were strictly inadvertent.”"
Brett Murphy and Alex Mierjeski, ProPublica; Clarence Thomas’ 38 Vacations: The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel
"This accounting of Thomas’ travel, revealed for the first time here from an array of previously unavailable information, is the fullest to date of the generosity that has regularly afforded Thomas a lifestyle far beyond what his income could provide. And it is almost certainly an undercount.
While some of the hospitality, such as stays in personal homes, may not have required disclosure, Thomas appears to have violated the law by failing to disclose flights, yacht cruises and expensive sports tickets, according to ethics experts.
Perhaps even more significant, the pattern exposes consistent violations of judicial norms, experts, including seven current and former federal judges appointed by both parties, told ProPublica. “In my career I don’t remember ever seeing this degree of largesse given to anybody,” said Jeremy Fogel, a former federal judge who served for years on the judicial committee that reviews judges’ financial disclosures. “I think it’s unprecedented.”"
STEVEN LUBET, The Hill; The Supreme Court’s excuses for ethics violations insult our intelligence
"The three justices’ hollow rationalizations display a patronizing expectation that the public will ultimately buy whatever they say, no matter how implausible.
But to paraphrase the late Justice Robert Jackson: Supreme Court justices do not get the last word because they are infallible; they only believe themselves infallible because they get the last word. When it comes to judicial ethics, that has to change."
Abbie VanSickle and , The New York Times; Where Clarence Thomas Entered an Elite Circle and Opened a Door to the Court
"In recent months, Justice Thomas has faced scrutiny over new revelations by ProPublica of his relationship to Harlan Crow, the Texas billionaire, whose largess over more than two decades has included vacations on a superyacht, private school tuition for the great-nephew the justice was raising, and the purchase of his mother’s Savannah, Ga., home. None of this was reported by the justice, and the revelations have renewed calls for tighter Supreme Court ethics rules.
But a look at his tenure at the Horatio Alger Association, based on more than two dozen interviews and a review of public filings and internal documents, shows that Justice Thomas has received benefits — many of them previously unreported — from a broader cohort of wealthy and powerful friends. They have included major donors to conservative causes with broad policy and political interests and much at stake in Supreme Court decisions, even if they were not directly involved in the cases.
Justice Thomas declined to respond to detailed questions from The New York Times."
Joshua Kaplan, Justin Elliott and Alex Mierjeski, ProPublica; Clarence Thomas Had a Child in Private School. Harlan Crow Paid the Tuition.
"“The most reasonable interpretation of the statute is that this was a gift to Thomas and thus had to be reported. It’s common sense,” said Kathleen Clark, an ethics law expert at Washington University in St. Louis. “It’s all to the financial benefit of Clarence Thomas.”
Martin, now in his 30s, told ProPublica he was not aware that Crow paid his tuition. But he defended Thomas and Crow, saying he believed there was no ulterior motive behind the real estate magnate’s largesse over the decades. “I think his intentions behind everything is just a friend and just a good person,” Martin said.
[After this story was published, Mark Paoletta, a longtime friend of Clarence Thomas who has also served as Ginni Thomas’ lawyer, released a statement. Paoletta confirmed that Crow paid for Martin’s tuition at both Randolph-Macon Academy and Hidden Lake, saying Crow paid for one year at each. He did not give a total amount but, based on the tuition rates at the time, the two years would amount to roughly $100,000.
Paoletta said that Thomas did not have to report the payments because Martin was not his “dependent child” as defined in the disclosure law. He criticized ProPublica for reporting on this and said “the Thomases and the Crows are kind, generous, and loving people who tried to help this young man.”]"
Dustin Jones, NPR ; Roberts invited to testify at Senate hearing on Supreme Court ethics
"The chair of the Senate Judiciary committee has invited Chief Justice John Roberts to testify at a hearing next month focused on the ethical rules governing the Supreme Court as well as potential changes to those guidelines.
Sen. Dick Durbin, D-Ill. said in a letter to Roberts on Thursday that recent reports found the justices are "falling short" of the ethical standards they and other public servants are supposed to follow.
"The status quo is no longer tenable," Durbin wrote.
The call for Roberts' testimony comes at a turbulent time for the court and its members. Concerns surrounding the lifetime appointees involve Justice Clarence Thomas, who, according to an investigation by ProPublica, failed to disclose 20 years of luxury trips with billionaire and Republican donor Harlan Crow."
Jorgelina Manna-Rea, 1A, WAMU, NPR; Clarence Thomas, undisclosed luxury trips, and Supreme Court ethics
"Supreme Court Justice Clarence Thomas has been on the bench for almost 32 years. For more than 25 of those years, he’s been close with a billionaire Republican donor.
A ProPublica investigation found that Justice Thomas went on luxury trips with Dallas billionaire Harlan Crow for 20 years and did not include them on his financial disclosures. He frequently took trips on Crow’s private jet and yacht. One such excursion in 2019 was worth $500,000.
Justice Thomas said he consulted with his colleagues at the beginning of his tenure on the court. It was his understanding that he didn’t need to report “personal hospitality from close personal friends.”
Harlan Crow’s companies also bought Georgia real estate from Justice Thomas which was also not disclosed. Four ethics law experts told ProPublica this was a violation of a federal disclosure law passed after Watergate.
The Senate Judiciary Committee plans on holding a hearing to discuss the Supreme Court’s ethical standards.
If there isn’t a Supreme Court code of ethics, what rules govern what its justices can do, or who they can have relationships with? We put together a panel to discuss."
DAHLIA LITHWICK AND MARK JOSEPH STERN, Slate ; Quid Pro Crow
"What mattered last week and what still matters this week is whether the Crow/Thomas dealings can be seen as classic quid pro quo (or perhaps quid pro Crow) corruption."
Joshua Kaplan, Justin Elliott and Alex Mierjeski, ProPublica; Clarence Thomas and the Billionaire
"For more than two decades, Thomas has accepted luxury trips virtually every year from the Dallas businessman without disclosing them, documents and interviews show. A public servant who has a salary of $285,000, he has vacationed on Crow’s superyacht around the globe. He flies on Crow’s Bombardier Global 5000 jet. He has gone with Crow to the Bohemian Grove, the exclusive California all-male retreat, and to Crow’s sprawling ranch in East Texas. And Thomas typically spends about a week every summer at Crow’s private resort in the Adirondacks.
The extent and frequency of Crow’s apparent gifts to Thomas have no known precedent in the modern history of the U.S. Supreme Court.
These trips appeared nowhere on Thomas’ financial disclosures. His failure to report the flights appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts, two ethics law experts said. He also should have disclosed his trips on the yacht, these experts said."
; Ginni and Clarence Thomas draw questions about Supreme Court ethics
"There are no explicit ethics guidelines that govern the activities of a justice's spouse, experts say, but there are rules about justices avoiding conflicts of interest. Federal law requires federal judges to recuse from cases whenever their "impartiality might reasonably be questioned."
Roth notes, however, that there is no independent enforcement mechanism in place; it's entirely up to the individual justice...
Members of Congress and outside experts say new enforceable ethics rules for the court are needed now more than ever. Even Chief Justice John Roberts acknowledged in his 2021 year-end report that "public trust is essential, not incidental" to the court's function.
But Roberts opposes outside efforts to impose a new ethics code."
