Democrats Unimpressed With Clarence Thomas’s Feeble Attempt At Transparency

Buried in Thomas’s lawyers’ overheated partisan rhetoric lie two key assertions: one, that “new guidance … revised reporting requirements”; and two, that his failures weren’t “willful.”

— Sheldon Whitehouse (@SenWhitehouse) August 31, 2023

First, the assertion that reporting requirements were “revised” excuses prior misconduct. It’s more likely that the reporting requirements were explained, not revised, and were always thus. In fact, the Conference’s letter to me said that the new guidance “clarifies” the rules.

— Sheldon Whitehouse (@SenWhitehouse) August 31, 2023

Bear in mind that “at the time,” the Judicial Conference had a Financial Disclosure Committee that Thomas could have asked, instead of hiding the ball, obliging all this after-the-fact clean-up when caught.

— Sheldon Whitehouse (@SenWhitehouse) August 31, 2023

Thomas now says that he *did* ask Judicial Conference employees – though not necessarily the CFD – early in his tenure. He originally said only that he consulted his colleagues and “others in the judiciary.”

— Sheldon Whitehouse (@SenWhitehouse) August 31, 2023

Their heated denial that the omissions were “willful” is important because by law questions of willfulness are referred to the Attorney General, where a real and independent investigation could ensue.

— Sheldon Whitehouse (@SenWhitehouse) August 31, 2023

They are obviously desperate to avoid that, to keep this mess in the clubby precincts of the Court and the justices’ own private lawyers.

— Sheldon Whitehouse (@SenWhitehouse) August 31, 2023

Bear in mind too that these secret gifts would not be acceptable anywhere else in the federal government.

— Sheldon Whitehouse (@SenWhitehouse) August 31, 2023

Last, don’t be misled by the “business before the Court” issue — billionaire donors to justices have had business before the Court; they appear also through amici; and they maintain a wholesale effort to capture and control the Court.

— Sheldon Whitehouse (@SenWhitehouse) August 31, 2023