Senate Democrats sent a letter to Chief Justice John G. Roberts Jr. Monday demanding he investigates Justice Clarence Thomas’ undisclosed travel with a GOP megadonor.
The 11 Democrats on the Senate Judiciary Committee warned they’ll hold a hearing in the coming days over adopting a Code of Conduct for the high court, but urged Justice Roberts to do so without the threat of legislation.
They said Justice Thomas’ relationship with Texas real estate developer and GOP megadonor Harlan Crow came to light in 2011, but concerns over the appearance of impartiality were ignored — and have since increased.
“You have a role to play as well, both in investigating how such conduct could take place at the Court under your watch, and in ensuring that such conduct does not happen again. We urge you to immediately open such an investigation and take all needed action to prevent further misconduct,” the letter read.
Justice Thomas was forced to defend his more than 25-year relationship with Mr. Crow last week, saying he is one of his “dearest friends” and that the Court signed off on their families’ vacations together.
He has been under fire since ProPublica published an article on Thursday raising ethics concerns about him and his wife, Virginia Thomas, traveling with Mr. Crow on his yacht and private jet over the years. In 2011, The New York Times had previously reported on questions surrounding their friendship, the Democrats’ letter noted on Monday.
“Harlan and Kathy Crow are among our dearest friends, and we have been friends for over twenty-five years. As friends do, we have joined them on a number of family trips during the more than a quarter century we have known them,” Justice Thomas said in a statement released on Friday by the Supreme Court.
He said he received guidance that his travel and socializing were not problematic.
“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.
“I have endeavored to follow that counsel throughout my tenure, and have always sought to comply with the disclosure guidelines. These guidelines are now being changed, as the committee of the Judicial Conference responsible for financial disclosure for the entire federal judiciary just this past month announced new guidance. And, it is, of course, my intent to follow this guidance in the future,” he wrote.
In March, the Judicial Conference adopted new rules requiring federal judges — including Supreme Court justices — to disclose gifts and trips paid for by third parties. It’s a move to tighten disclosure requirements for the federal judiciary.
The ProPublica article said Justice Thomas failed to disclose his past luxury vacations, including a trip to Indonesia that was estimated to cost $500,000.
The allegations prompted liberals to issue renewed calls for Justice Thomas to resign. He has been a top target of the left since his confirmation hearings in 1991.
Last year, liberal groups argued he should recuse himself from all election-related cases because Mrs. Thomas attended the Jan. 6, 2021, rally supporting then-President Donald Trump and spoke to former White House officials about the 2020 election results.
Mrs. Thomas, a conservative activist, said she did go to the Jan. 6 rally near the White House but did not march to the U.S. Capitol, where the rioting occurred.
While lower court judges have a code of ethics that covers recusals and disclosures, the Supreme Court has not imposed upon itself strict rules on the justices.
Mr. Crow told ProPublica that he’s been friends with the Thomases for years and extends to them hospitality “no different from the hospitality we have extended to our many other dear friends.”
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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