Democratic senators are calling for the Justice Department to appoint a special counsel to investigate allegations that Supreme Court Justice Clarence Thomas violated federal ethics and tax laws.
In a statement released on Tuesday, Sens. Sheldon Whitehouse (D-RI) and Ron Wyden (D-OR) cited extensive reporting that Thomas accepted millions of dollars in gifts, luxury travel, and other payments from billionaire benefactors like GOP megadonor Harlan Crow, some of whom may have had financial interests before the court, at least indirectly.
The reports claim he then failed to properly disclose these gifts to the public until media outlets like ProPublica began investigating the matter.
“We do not make this request lightly," said the joint statement. "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. Presented with opportunities to resolve questions about his conduct, Justice Thomas has maintained a suspicious silence.”
“No government official should be above the law," they continued. "Supreme Court justices are properly expected to obey laws designed to prevent conflicts of interest and the appearance of impropriety and to comply with the federal tax code. 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.”
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Under Attorney General Merrick Garland, several significant special counsels were appointed to investigate issues of high political salience.
Those include special counsel Jack Smith, to investigate former President Donald Trump's alleged involvement in election conspiracies and unlawful retention and concealment of highly classified national defense information; and special counsel Robert Hur, to investigate classified material that was improperly moved to President Joe Biden's personal office and home while he was exiting the vice presidency.
Thomas is not the only justice who has faced scrutiny over gifts from benefactors who could be affected by Supreme Court decisions; Justice Samuel Alito similarly was given a luxury fishing trip to Alaska by another Republican billionaire donor.
