Senate Democrats Urge Justice Department to Investigate Justice Clarence Thomas

Jimmy Williams

Two Senate Democrats have requested the Justice Department to investigate Supreme Court Justice Clarence Thomas for allegedly failing to disclose gifts and a loan from wealthy friends. Sen. Sheldon Whitehouse, D-R.I., and Senate Finance Committee Chairman Ron Wyden, D-Ore., wrote to Attorney General Merrick Garland last week, urging the appointment of a special counsel to probe potential violations of federal ethics and tax laws by Thomas.

The senators pointed to over $267,000 in a loan allegedly forgiven in 2008, which Thomas did not report as income. “We do not make this request lightly,” Whitehouse and Wyden wrote. “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.”

The Supreme Court did not respond to requests for comment, and Justice Department spokesperson Joshua Stueve declined to comment on Wednesday morning.

The Senate Finance Committee reviewed documents from Thomas’ friend Anthony Welters last year. They concluded that Thomas did not repay the principal or interest on a loan Welters provided in 1999 for a luxury motor coach. According to the senators, Thomas made interest payments only before ceasing them altogether.

Elliot S. Berke, Thomas’ attorney, did not immediately respond to requests for comment but had previously claimed in a letter to the Finance Committee that Thomas had “made payments to Mr. Welters on a regular basis until the terms of the agreement were satisfied in full.”

The senators’ letter to Garland also highlighted free travel and other gifts from billionaire Harlan Crow and other wealthy benefactors that were not included in Thomas’ financial disclosure forms. ProPublica first reported these omissions last year. The gifts included trips on a private yacht and a jet.

In response to these allegations, Berke stated last month that the Judicial Conference had updated provisions regarding personal hospitality exemptions and asserted that Thomas “has fully complied with the new disclosure requirement.” Thomas acknowledged a pair of trips with Crow in 2019 in his annual financial disclosure report last month. Additionally, the Senate Judiciary Committee released records last month showing that Crow had provided Thomas with further undisclosed trips.

This investigation request marks another chapter in the ongoing scrutiny of Justice Thomas’ financial dealings and the broader discussion about transparency and accountability within the U.S. Supreme Court.

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