Senate Minority Leader Mitch McConnell (R-Ky.) criticized Senate Judiciary Committee Chairman Dick Durbin’s plans to subpoena individuals involved in the ethics controversies surrounding Justices Samuel Alito and Clarence Thomas during an Oct. 31 press conference.
“What he’s targeting here is private citizens with no legislative purpose,“ Mr. McConnell said. ”I think it’s completely and totally inappropriate.”
Mr. Durbin (D-Ill.) and Sen. Sheldon Whitehouse (D-R.I.) announced on Oct. 30 that the committee would vote on subpoenas for real state developer Harlan Crow, GOP donor Robin Arkley, and Federalist Society Chairman Leonard Leo.
Speaking from the Senate floor on Oct. 31, Mr. Durbin criticized the men for not providing more information in response to committee requests.
“I’m not going to stand idly by as these fawning billionaires with interest before the court use their immense wealth to buy private access to the justices and then deny the Senate Judiciary Committee information to which we’re lawfully entitled,“ Mr. Durbin said. ”That is why the committee will vote to authorize subpoenas to these individuals.”
Democrats are angry that Mr. Crow gave Justice Thomas luxurious vacations and tuition support for a grandnephew whom he raised, and purchased low-dollar real estate from the justice’s family. Justice Thomas didn’t previously disclose the events, saying that he was advised that it wasn’t required, but he vowed to disclose such events going forward. ProPublica also reported that Mr. Arkley paid for a fishing trip undisclosed by Justice Alito.
Congress Lacks Authority
Democrats say Justice Thomas’ acceptance of a friend’s largess is corrupt in itself, even if the friend has no legal business pending before the Supreme Court, an argument rejected by legal experts consulted by The Epoch Times.Legal experts also say the fact that the Supreme Court was created by the Constitution, not Congress, means that only the Supreme Court can regulate the Supreme Court. If justices want to follow rules created by lawmakers, they can do so voluntarily, but forcing them to do so raises constitutional issues, the experts say.
Mr. Leo reportedly lambasted Senate Democrats’ efforts in a statement.
“I will not bow to the vile and disgusting liberal McCarthyism, that seeks to destroy the Supreme Court simply because it follows the Constitution rather than their political agenda,” he said, according to multiple outlets.
Judiciary Democrats sent Chief Justice John Roberts a letter in April demanding that he investigate alleged “misconduct” by Justice Thomas. During his Oct. 31 floor remarks, Mr. Durbin accused the chief justice, and the court more broadly, of failing to act.
“In the face of the Supreme Court’s failure, the Senate Judiciary Committee has exercised its constitutional right and duty to investigate this ethical crisis in order to craft and advance legislation to address it. Beginning in May, the Committee has sent letters to a number of these billionaires, activists, and organizations connected to the undisclosed gifts and travel.”
“I think it would be a good idea for us to do it, particularly so that we can communicate to the public exactly what it is that we’re doing—and in a clearer way than perhaps we have been able to do so far,” she said.
However, she added that “there is no lack of consensus among the justices—there is unanimity among all nine justices—that we should and do hold ourselves to the highest standards, highest ethical standards possible.”
