Justice Thomas ‘Unlikely’ To Face DOJ Investigation Despite Growing Pressure Over Friendship With Billionaire

‘It’s theoretically conceivable that he could be investigated but extremely unlikely as a matter of practical opinion,’ a legal expert tells the Sun.

AP/John Amis, file
Justice Clarence Thomas at Nathan Deal Judicial Center at Atlanta, February 11, 2020. AP/John Amis, file

Justice Clarence Thomas is unlikely to face an investigation from the Biden Department of Justice over his relationship with billionaire Harlan Crow, as the matter apparently is nothing more than an ethics dispute.

The liberal-leaning investigative journalism outlet ProPublica has been loudly beating the drum about the Supreme Court justice’s long-running friendship with Mr. Crow, reporting most recently that Justice Thomas did not disclose that Mr. Crow had purchased some of the justice’s properties in Georgia. Supreme Court ethics guidelines appear to indicate that Justice Thomas should have reported the sale.

The vice president of the New York County Lawyers Association, Richard Swanson, told the Sun that the justice department is unlikely to investigate Justice Thomas simply because it’s not clear that he broke any laws.

“It’s theoretically conceivable that he could be investigated but extremely unlikely as a matter of practical opinion,” Mr. Swanson told the Sun.

Justice Thomas has been facing increased scrutiny following ProPublica’s reports that described how the justice went on lavish vacations with Mr. Crow for decades, in addition to benefiting from the real estate purchases.

Mr. Crow has defended his actions in a statement provided to the New York Times, in which he said that his purchase of these properties was for educational purposes.

“My intention is to one day create a public museum at the Thomas home dedicated to telling the story of our nation’s second Black Supreme Court justice, who was born in Pin Point, Georgia, and later raised in Savannah,” Mr. Crow said.

Although Justice Thomas has not provided a statement on the property purchases, he has defended himself for not reporting the vacations, saying he was advised early in his career that he did not need to disclose hospitality from a friend.

“Early in my tenure at the court, I sought guidance from my colleagues and others in the judiciary, and was advised that this sort of personal hospitality from close personal friends, who did not have business before the court, was not reportable,” Justice Thomas said in a statement last week.

The findings have fueled calls for more transparency and accountability at the court, with Democrats claiming that the relationship between Justice Thomas and Mr. Crow presents a conflict of interest for the justice.

Despite these calls, Mr. Swanson explained that none of incidents reported so far have risen to the level of a crime, and thus even though there is no statute officially disallowing the department from investigating the justice, it’s unlikely it will choose to do so.

While it doesn’t appear that Justice Thomas broken any laws, it is likely that his relationship with Mr. Crow has been in violation of the ethical code for federal judges. How these guidelines pertain to Supreme Court justices, who don’t really answer to anyone, is unclear.

As it stands, the Supreme Court justices are the only federal judges not beholden to the code of ethics. Some within the Democratic party and the legal community have called on changing that, but it doesn’t appear on track to happen at the moment.


The New York Sun

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