- The Washington Times - Thursday, May 4, 2023

A former Trump administration official who is a friend of Justice Clarence Thomas is pushing back against another report alleging the justice flouted ethics rules by allowing a GOP megadonor to pay the private school tuition of his great-nephew, whom he raised as a son.

Mark Paoletta, who served as general counsel to the Office of Management and Budget in the Trump administration, said billionaire Harlan Crow’s payments of the great-nephew’s tuition did not constitute a gift that Justice Thomas had to disclose.

He bashed the reporting as “malicious,” saying ProPublica — the news outlet that published the tuition story — is dragging the justice’s relative into a false scandal.

Harlan Crow’s tuition payments made directly to these schools on behalf of Justice Thomas’s great nephew did not constitute a reportable gift. Justice Thomas was not required to disclose the tuition payments made directly to Randolph Macon and the Georgia school on behalf of his great nephew because the definition of a ‘dependent child’ under the Ethics in Government Act (5 U.S.C. 13101 (2)) does not include a ‘great nephew,’” Mr. Paoletta said in a lengthy statement posted on Twitter. “Justice Thomas never asked Harlan Crow to pay for his great nephew’s tuition. And neither Harlan Crow, nor his company, had any business before the Supreme Court.”

“This story is another attempt to manufacture a scandal about Justice Thomas,” he added. “This malicious story shows nothing except for the fact that the Thomases and the Crows are  kind, generous, and loving people who tried to help this young man.”

ProPublica reported Wednesday that Mr. Crow paid private school tuition at Hidden Lake Academy and Randolph-Macon Academy for Justice Thomas’ great-nephew, whom the justice took in to raise at the age of 6.

The tuition total could have cost more than $150,000, according to ProPublica. Justice Thomas did not disclose the payments in his financial disclosure forms, and the news outlet suggested that ran afoul of ethical standards required of a federal judge.

Scrutiny of the justice has renewed over the past month. ProPublica reported in April that Justice Thomas did not disclose that he had taken multiple luxury vacations with Mr. Crow or that Mr. Crow had purchased his mother’s home even though she continued to reside there.

The Washington Post followed with an April 16 article examining what appeared to be a typo on the justice’s financial disclosure related to family real estate holdings in which he reported rental income to Ginger Ltd. Partnership instead of Ginger Holdings LLC.

The New York Times followed with a piece critical of Justice Thomas and other Republican appointees collecting generous salaries to teach courses at George Mason University’s Antonin Scalia School of Law.

Justice Thomas has defended his friendship with Mr. Crow and said he consulted with colleagues about disclosure requirements and didn’t skirt any rules.

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.

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