Two Senate Democrats have published a list of roughly three dozen lavish gifts Supreme Court Associate Justice Clarence Thomas received from right-wing billionaires during his time on the Court.
On the eve of the Independence Day holiday, Sens. Sheldon Whitehouse (D-Rhode Island) and Ron Wyden (D-Oregon) called on Attorney General Merrick Garland to appoint a special counsel to investigate Thomas for "possible violations of ethics and tax laws" in his "repeated and willful omissions" of gifts from wealthy benefactors.
"The scale of the potential ethics violations by Justice Thomas, and the willful pattern of disregard for ethics laws, exceeds the conduct of other government officials investigated by the Department of Justice for similar violations," Whitehouse and Wyden wrote. "The breadth of the omissions uncovered to date, and the serious possibility of additional tax fraud and false statement violations by Justice Thomas and his associates, warrant the appointment of a Special Counsel to investigate this misconduct."
On page 14 of the PDF Whitehouse posted to his Senate website, there are two lists of gifts to Thomas. The first list describes gifts from far-right real estate magnate Harlan Crow, and the second list shows gifts from other wealthy sponsors, like entrepreneur Anthony Welters — who "loaned" Thomas a luxury RV and then later forgave the loan — and billionaire Wayne Huizenga.
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The gifts from Crow date back to 2003, and list excursions like "Yacht trip to Russia and the Baltics" and Helicopter to Yusipov Palace, St. Petersburg." Out of the roughly two dozen gifts Crow gave to Thomas, four are private school tuition payments for his grand-nephew. Many of Crow's other gifts were private jet flights and yacht cruises, including one Sens. Whitehouse and Wyden described as "around Greek islands."
And out of the gifts on the second list, three were from Huizenga, two were from Welters, and five were from former Berkshire Hathaway board member David Sokol. Billionaire Warren Buffett, who owns Berkshire Hathaway, forced Sokol out in 2011 after he learned that Sokol bought a stake in a company he later convinced Buffett's company to buy. Buffett called Sokol's actions "inexplicable" and "inexcusable."
"No government official should be above the law. 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," the senators wrote. "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."
In 2023, Pulitzer Prize-winning investigative reporter Davide Cay Johnston commented that it was possible Thomas could face "criminal prosecution" by not paying taxes on the previously undisclosed gifts from Crow and others. He opined that any lower-level court judge would not be able to avoid the charges if they failed to pay taxes on gifts worth millions of dollars.
"What Clarence Thomas has done would result in not only any judges in America being removed from the bench, but there is a good chance it would result in criminal prosecution for income tax fraud and for false filings in his mandatory financial ethics disclosure statements," Johnston said in December.
Last month, anti-corruption watchdog group Fix the Court totaled Thomas' gifts and found that the conservative jurist had received approximately $4 million in gifts dating back to 2004 – far more than any other justice on the Supreme Court. And of the 193 gifts Thomas received, he only listed 27 on his required financial disclosure reports.
