Senate Judiciary Committee Chairman Sen. Richard J. Durbin accused Justice Clarence Thomas on Thursday of taking more undisclosed luxury trips paid for by a billionaire GOP mega donor friend.
In a press release, the Illinois Democrat said Harlan Crow revealed a 2017 trip to Missouri and Texas in a private jet, a 2019 private jet trip from Washington to Savannah, Georgia, and a 2021 private jet trip from Washington to San Jose, California.
The lawmaker said Justice Thomas has not disclosed those items in any of his disclosure forms.
“The Senate Judiciary Committee’s ongoing investigation into the Supreme Court’s ethical crisis is producing new information — like what we’ve revealed today — and makes it crystal clear that the highest court needs an enforceable code of conduct, because its members continue to choose not to meet the moment,” Mr. Durbin said.
A spokesperson from the court did not respond to a request for comment.
Justice Thomas’ lawyer, Elliot S. Berke, said the trips fell under the “personal hospitality exemption.”
“The Judicial Conference changed this provision last year, and Justice Thomas has fully complied with the new disclosure requirement,” he said in a statement to The Washington Times.
“Prior to this change, the provision, set forth in the Administrative Office of U.S. Courts’ Guide to Judiciary Policy, stated that federal judges should not report gifts of personal hospitality based on personal relationships. Consequently, and as Justice Thomas has already explained, he and many other federal judges were advised that they were not required to report gifts of personal hospitality from friends who did not have business before the Court.”
Mr. Crow said he worked in good faith with the committee after the Democrats pushed to subpoena him over his relationship with Justice Thomas.
“Mr. Crow reached an agreement with the Senate Judiciary Committee to provide information responsive to its requests going back seven years. Despite his serious and continued concerns about the legality and necessity of the inquiry, Mr. Crow engaged in good faith negotiations with the Committee from the beginning to resolve the matter. As a condition of this agreement, the Committee agreed to end its probe with respect to Mr. Crow,” read a statement from Mr. Crow’s office.
Last year, ProPublica published a series of articles critical of the justices — mainly Justice Thomas — accepting hospitality without disclosures.
At the time, there was no requirement to disclose certain hospitality and gifts for the justices, but that changed in 2023 after the Judicial Conference updated its rules, extending them to the high court.
Justice Thomas and Mr. Crow have defended their friendship and Mr. Crow has said he has not discussed Supreme Court business with Justice Thomas.
Democratic lawmakers have called for two GOP-appointed justices — Justices Thomas and Samuel A. Alito — to recuse themselves from major disputes before the court this term, which ends at the end of June.
The calls for recusal come as the high court is weighing two major disputes this term over whether former President Donald Trump is immune from charges stemming from his contest of the 2020 election results and another dispute over an obstruction charge facing hundreds of Jan. 6 defendants, including Mr. Trump.
Decisions in those cases are expected by the end of June.
Democrats allege Justice Thomas’ wife attended the Jan. 6 rally supporting Mr. Trump, and that Justice Alito flew flags outside his residence sympathetic with the “Stop the Steal” movement.
Both justices have denied any wrongdoing. Justice Thomas’ wife left the Jan. 6 rally before violence broke out at the U.S. Capitol.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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