Billionaire Harlan Crow has declined requests from the Senate Judiciary Committee to provide a full account of the gifts he has given to Supreme Court Justice Clarence Thomas, claiming laws that shield justices from being investigated prohibit him from disclosing such information.
Attorneys for Crow wrote a letter to Judiciary Democrats on Tuesday to shut down the request, arguing Congress does not have the constitutional authority to investigate the billionaire’s “personal friendship” with Thomas. Additionally, Crow’s legal team maintains that Senate Democrats do not have a “valid legislative purpose” to request the information, accusing lawmakers of unfairly targeting Thomas.
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“Congress does not have the constitutional power to impose ethics rules and standards on the Supreme Court,” his attorneys wrote. “The Committee’s stated purpose of crafting new ethics guidelines for the Supreme Court is inconsistent with its actions and the circumstances in which this investigation was launched, all of which suggest that the Committee is targeting Justice Thomas for special and unwarranted opprobrium.”
The response comes after Democrats on the committee sent a letter to Crow on May 8 requesting that he provide an itemized list of all gifts he has given to Thomas, as well as any other justice or justice’s family member, that is worth more than $415. The letter also sought information on any lodging, transportation, real estate transactions, or access to private clubs that Crow has provided to any of the justices or family members.
The letter marked the latest effort by Senate Democrats to crack down on the ethics standards of the Supreme Court after it was reported last month that Thomas failed to disclose several luxury vacations that were paid for by Crow. Current rules require justices to disclose all gifts that exceed $415, but the standards around gifts such as travel or lodging remain unclear.
Crow’s legal team outlined multiple reasons why they declined the request, arguing the committee does not have a “valid legislative purpose” because any legislation seeking to rein in the powers of the Supreme Court would be unconstitutional. Attorneys also argued the committee is not entitled to “obtain every scrap of potentially relative evidence” because it lacks the authority to conduct an investigation of a sitting Supreme Court justice.
“It is clear that the Committee’s investigation is part of a larger campaign to target and intimidate Justice Thomas and unearth what the Committee apparently believes will be embarrassing details of the Justice’s personal life,” the letter states. “Those goals do not authorize the Committee to conduct a congressional ethics investigation of Justice Thomas.”
Crow had until Monday to respond to the request, although it remains unclear what action, if any, Judiciary Chairman Dick Durbin (D-IL) will take next. The Washington Examiner contacted Durbin’s office for comment but has not yet received a response.
Durbin previously expressed hesitancy to subpoena Crow, noting last week that it’s “rare” for the panel to flex that power. However, the committee chairman told CNN earlier this month that “everything is on the table” and that he hasn’t made a decision on what he’ll do.
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Thomas has repeatedly defended his relationship with Crow, noting he was previously advised he did not need to report the travel or gifts in question.
The Judicial Conference recently updated guidelines to require justices and other federal judges to report gifts in more detail, including things such as rides on private jets or free stays at a hotel. The justice acknowledged the updated ethics standards for judges and said he would follow the updated guidance.
