Key Allegations Against Clarence Thomas in Democrats' Call for Probe

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Democrats are pressing the Justice Department to launch an investigation into Supreme Court Justice Clarence Thomas following reports that he failed to disclose several gifts during his time on the bench.

In a letter to U.S. Attorney General Merrick Garland on Friday, five Democratic congressmen point to recent reports from ProPublica that allege Thomas was the recipient of several "valuable gifts" from a handful of billionaires, which included vacations, trips on private airplanes and private boarding school tuition payments for Thomas' grandnephew while he was in the justice's legal custody.

Under the Ethics of Government Act, justices are required to file annual disclosure reports regarding financial income and details on gifts and reimbursements. Lawmakers allege in Friday's letter that violation of the disclosure requirements "can carry both civil and criminal legal penalties."

Key Allegation Against Thomas in Dems Letter
Supreme Court Justice Clarence Thomas poses for the official photo at the Supreme Court in Washington, D.C., on October 7, 2022. House Democrats are asking the Justice Department to launch an investigation into Thomas after... OLIVIER DOULIERY/AFP via Getty

Thomas has long been the center of controversy for his close relationship to billionaire Harlan Crow, a major donor to conservative political causes. His wife, Virginia "Ginni" Thomas, has also raised suspicions over her work as a far-right activist and her alleged efforts to help pressure state officials to overturn the 2020 election results.

Lawmakers also allege that Thomas has used his position on the high court to help raise funds for the Horatio Alger Association, a nonprofit organization that has close ties to a number of wealthy, conservative members, according to a July report from The New York Times.

"Justice Thomas's consistent failure to disclose gifts and benefits from industry magnates and wealthy, politically active executives highlights a blatant disregard for judicial ethics as well as apparent legal violations," read the letter. "No individual, regardless of their position or stature, should be exempt from legal scrutiny for lawbreaking."

The letter to Garland is signed by: Maryland Representative Jamie Raskin, ranking member of the House Oversight Committee; New York Representative Jerry Nadler, ranking member of the House Judiciary Committee; New York Representative Alexandria Ocasio-Cortez; California Representative Ted Lieu; and Georgia Representative Henry Johnson Jr.

15 Years of Gifts From Crow: ProPublica

Democrats homed in on an April report from ProPublica that alleged Thomas failed to disclose several "significant gifts" he received from Crow over a period of at least 15 years. Both Thomas and his wife are accused of accepting the non-exempt gifts without reporting their source, description or value on his annual financial disclosure forms.

The allegedly unreported gifts include, "but are not limited to":

  • A 2019 trip to and from Indonesia on a private plane and superyacht, valued at around $500,000.
  • Free lodging at Crow's New York state resort, Camp Topridge.
  • Several trips made through "non-commercial transportation" with Crow in 2016, 2018, 2021 and 2022 to places like New Haven, Connecticut; Dallas, Texas; New York City; and Topridge.
  • Tuition payments for Thomas' grandnephew, who is not named in the letter, to attend "two private boarding schools" while he was in Thomas' legal custody. ProPublica alleged that the tuition equaled up to $6,000 per month.

"Throughout such time, Mr. Crow has served on the Board of Directors of the American Enterprise Institute, which regularly files amicus briefs in Supreme Court cases and whose position Justice Thomas has regularly adopted," Democrats wrote.

Thomas, who previously called Crow and his wife some of his "dearest friends," has claimed that he had "sought guidance" from his colleagues early into his time on the Supreme Court, and that it was "advised that this sort of personal hospitality from close personal friends, who did not have business before the Court, was not reportable."

Thomas' Ties With GOP Donors

Lawmakers also pointed to a report from ProPublica earlier this week alleging that Thomas received at least 38 free vacations from several billionaires that he met through the Horatio Alger Association, including some that are consistent major Republican donors.

According to the report, Thomas and his wife received gifts from billionaires David Sokol, H. Wayne Huizenga and Paul Novelly, all of whom he met through the association. ProPublica estimates that the total vale of the undisclosed gifts—which allegedly include 38 vacations, 26 private jet flights, eight helicopter flights, VIP passes to sporting events and an invitation to an exclusive golf club—to equate several million dollars.

All three billionaires are also known to have donated to conservative movements and Republican state and federal candidates, ProPublica reported. Thomas has also been accused of failing to disclose a 2008 private retreat that was hosted by GOP mega donor Charles Koch, read Friday's letter.

"The integrity of our judicial system hinges on the impartiality and transparency of its members," lawmakers wrote. "As a Supreme Court justice and high constitutional officer, Justice Thomas should be held to the highest standard, not the lowest—and he certainly shouldn't be allowed to violate federal law."

Newsweek reached out to the Supreme Court's Public Information Office on Friday night for comment.

About the writer

Kaitlin Lewis is a Newsweek reporter on the Night Team based in Boston, Massachusetts. Her focus is reporting on national news and politics, where she has covered events such as the 2022 Midterm Election, live campaign rallies and candidate debates for Newsweek. She also covers court and crime stories. Kaitlin joined Newsweek in May 2022 as a Fellow before starting full time in September 2022. She graduated from the University of Dayton and previously worked as a breaking news intern at the Cincinnati Enquirer. You can get in touch with Kaitlin by emailing k.lewis@newsweek.com. Languages: English.


Kaitlin Lewis is a Newsweek reporter on the Night Team based in Boston, Massachusetts. Her focus is reporting on national ... Read more